ISLAMIC COUNCIL OF NSW & ANOR. V. THE AUSTRALIAN FEDERATION OF ISLAMIC COUNCILS & ORS. [2000] NSWSC 115

New South Wales Supreme Court

CITATION : ISLAMIC COUNCIL OF NSW & ANOR. V. THE AUSTRALIAN FEDERATION OF ISLAMIC COUNCILS & ORS. [2000] NSWSC 115 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 4385/99 HEARING DATE(S) : 07/02/00-11/02/00 JUDGMENT DATE : 2 March 2000

Islamic Council of New South Wales Inc. - 1st Plaintiff PARTIES : Ali Roude - 2nd Plaintiff The Australian Federation of Islamic Councils Inc. - 1st Defendant. See Court file for remaining 19 defendants JUDGMENT OF : Hodgson CJinEq at 1

Dr. C. Birch SC for plaintiffs COUNSEL : Mr. J. Whittle with D.A. Burwood for 1-12 defendants. 13-20 defendants took no active part in the proceedings. SOLICITORS : Pigott Stinson Ratner Thom, Sydney, for plaintiffs. Tress Cocks & Maddox, Sydney for 1-12 defendants. CATCHWORDS : ASSOCIATIONS AND CLUBS - Incorporated associations - Federal and State associations - Purported intervention of Federal association in affairs of State association - Whether justified by Constitution of Federal and/or State association. LEGISLATION CITED : Associations Incorporation Act 1984 (NSW) ss.11, 16, 19, 20. CASES CITED : Burton v. Murphy (1983) 2 Qd.R. 321 distinguished. DECISION : See pars.109 onwards.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Thursday 2nd March 2000

NO. 4385 OF 1999 ISLAMIC COUNCIL OF NEW SOUTH WALES & ANOR. V. THE AUSTRALIAN FEDERATION OF ISLAMIC COUNCILS INC. & ORS.

JUDGMENT

1 The first plaintiff, which I will call ICNSW or the Council, is an association incorporated under the Associations Incorporation Act 1984 (NSW). The second plaintiff, Mr. Ali Roude, was elected chairman of ICNSW in 1983, and he continued in that position at least until July 1998. 2 The first defendant, which I will call AFIC, is an association incorporated under the Associations Incorporation Act 1964 (Tas). It appears that it was incorporated on 17th June 1980, ceased to be registered on 6th May 1999, and was re-registered on 14th October 1999. It was registered as a foreign company in New South Wales on 15th June 1984. 3 On 29th August 1999, the Executive Committee of AFIC decided to intervene in ICNSW and to appoint a Caretaker Committee to run its affairs until new office bearers were elected. AFIC convened a meeting of members of ICNSW to be held on 17th October 1999 to elect new office bearers and to effect certain amendments to ICNSW's constitution; and those things were purportedly done at that meeting. 4 The 2nd-12th defendants in these proceedings are persons purportedly elected as office bearers at that meeting. The 13th-20th defendants are, together with the second plaintiff, persons who the plaintiffs allege were office bearers prior to the intervention of AFIC. 5 In these proceedings commenced on 19th October 1999, the plaintiffs claim declarations that the meeting of 17th October 1999 and the purported election of office bearers and amendment of the constitution are invalid, and that the second plaintiff and the 13th-20th defendants are the office bearers of ICNSW; and they also seek consequential relief. 6 The second defendant, Mr. Gabr Elgafi, has put on a cross-claim in which he claims that a meeting of ICNSW held on 6th January 1999, at which he was purportedly removed as Vice President of ICNSW and the third, eighth, ninth and tenth defendants were purportedly elected as office bearers of ICNSW, was not validly convened; and he seeks declarations that his purported removal as Vice President was invalid, and that all subsequent meetings purporting to be meetings of office bearers of ICNSW are invalid and of no effect.