Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 2] [2011] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 2] [2011] NSWSC 954 Hearing dates: 24 & 25 August 2011 Decision date: 25 August 2011 Jurisdiction: Equity Division - Duty List Before: Slattery J Decision: Orders made requiring the parties to approach the President of the Law Society of New South Wales to nominate a person suitable for appointment as a referee. Costs reserved. Catchwords: ASSOCIATIONS AND CLUBS - incorporated associations - members - dispute about the validity of persons elected to the Executive Council of an incorporated association - parties agree that new elections for the Executive Council should be held at an Annual General Meeting - parties cannot agree on (1) who are the Association's members; (2) who should call the Annual General Meeting; (3) who should be a referee to decide on a referred question as to the membership of the Association. Legislation Cited: Associations Incorporation Act 2009, s 96 Associations Incorporation Regulation 2010, Regulation 16 Civil Procedure Act 2005, ss 26, 56 Corporations Act 2001, ss 1321, 1322 Cases Cited: Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [2011] NSWSC 893 Category: Consequential orders Parties: First Plaintiff/Respondent- Kabir Ahmed Second Plaintiff/Respondent- Saiful Islam Chowdhury Third Plaintiff/Respondent- Iftikhar Uddin Fourth Plaintiff/Respondent- Fazlur Rahman First Defendant/Applicant- Ayubur Rahman Chowdhury Second Defendant/Applicant- Moshiur Rahman Redoy Sheikh Third Defendant/Applicant- Harun Rachid Azad Fourth Defendant/Applicant- Motiur Rahman Representation: Defendants/Applicants- M. Condon (on 24 August 2011) Plaintiffs/Respondents- R. Mitry, Mitry Lawyers (on 24 August 2011), C. Cedergren (on 25 August 2011) Defendants/Applicants- B. Barrack, Barrak Lawyers (on 25 August 2011) File Number(s): 2011/173388 Publication restriction: No