Islamic Association of Western Suburbs Sydney v Dr H R K Survery [2008] NSWSC 875

New South Wales Supreme Court

CITATION : Islamic Association of Western Suburbs Sydney v Dr H R K Survery [2008] NSWSC 875

HEARING DATE(S) : 19, 20 August 2008

JUDGMENT DATE : 26 August 2008

JUDGMENT OF : Rein J

CATCHWORDS : Adoption of referee's report - Distinction between factual and legal issues determined by Referee

LEGISLATION CITED : Associations Incorporation Act 1984 Corporations Act 2001 (Cth)

CATEGORY : Procedural and other rulings

Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Homebush Abattoir Corporation v Bermria Pty Ltd (1991) 22 NSWLR 60 CASES CITED : Mulligan v Benton [1999] NSWCA 339 Nine Network Pty Ltd v Kennedy Miller Television Pty Ltd (unrep, NSWCA, 8 June 1994) Ryde City Council v Tourtouras [2007] NSWCA 218 Carpenter v Carpenter Grazing Co Ltd BC8701391 NSWCA (5 May 1987)

PARTIES : Islamic Association of Western Suburbs Sydney & Ors Dr H R K Survery & Ors

FILE NUMBER(S) : SC 6109/05

COUNSEL : Dr R Harper SC (with Mr M Pesman) [Plaintiffs] Mr F Santisi [Defendants]

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Rein J

Date of Hearing: 19, 20 August 2008 Date of Judgment: 26 August 2008

6109/05 Islamic Association of Western Suburbs Sydney v Dr H R K Survery (Re Adoption of Referee's Report) JUDGMENT 1. REIN J: The first plaintiff ("the Association") is an Association incorporated pursuant to the Associations Incorporation Act 1984 ("the Act"). The Association was incorporated in November 1998. 2. The second plaintiff, the Australian Islamic College of Sydney ("the Islamic College"), is a company limited by guarantee incorporated under the Corporations Act. The third plaintiff, Ghulam Akbar Khan has been acting as President of the Association at various times. The other plaintiffs have all had varying levels of involvement with the Association of which they are or claim to be members, and or the College. Dr Harper SC, with Mr M. Pesman, appears for the plaintiffs.