Nirmal Paul & Anor v Apu Saha & Ors [2011] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: Nirmal Paul & Anor v Apu Saha & Ors [2011] NSWSC 1109 Hearing dates: 22 to 24 August 2011, 29 September 2011 and 14 October 2011 Decision date: 02 December 2011 Before: Ball J Decision: See paragraphs 65 and 66 of this judgment. Catchwords: ASSOCIATIONS AND CLUBS - officers - question as to rightful executive committee of association - whether was a quorum at Special General Meeting - construction of constitution of association - whether executive committee validly removed from office - whether interim committee validly appointed - whether interim committee had power to call an Annual General Meeting - whether Corporations Act 2001 s 1322 can be used to cure irregularities in calling of Annual General Meeting Legislation Cited: Associations Incorporation Act 1984 (NSW) Associations Incorporation Act 2009 (NSW) Associations Incorporation Regulation 2010 (NSW) Corporations Act 2001 (Cth) Cases Cited: Ball v Pearsall (1987) 10 NSWLR 700 Luen Fook Tong Inc v Lowe [2011] NSWSC 1004 Category: Principal judgment Parties: Nirmal Paul (First Plaintiff) Bangladesh Society for Puja and Culture Inc (ABN 45 046 931 929) (Second Plaintiff) Apu Saha (First Defendant) Sanjib Mohanjan (Second Defendant) Rani BS Chowdhury (Third Defendant) Samir Sarkar (Fourth Defendant) Ranjit Kumar Das (Fifth Defendant) Representation: Mr C R de Robillard (Plaintiffs) Mr M Vassili (Defendants) Kent Attorneys (Plaintiffs) Vassili Fozzard Lawyers & Consultants Pty Ltd (Defendants) File Number(s): 2010/417798