Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors (No.6) [2012] NSWSC 416

Supreme Court New South Wales

Medium Neutral Citation: Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors (No.6) [2012] NSWSC 416 Hearing dates: 24 & 26 April 2012 Decision date: 27 April 2012 Jurisdiction: Equity Division Before: Slattery J Decision: (1) Adjourn the proceedings for directions to the Registrar in Equity on 7 May 2012; (2) Dissolve orders 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 19(a) and 22 of the Court's orders made on 15 December 2011 and continued on 1 March 2012; (3) Note that the orders and acknowledgements recorded in orders 1, 2 and 8 of the orders made on 15 December 2011 continued on 1 March 2012; and (4) Note that orders 16, 17, 18, 19(b), 20 and 21 of the orders made on 15 December 2011 and continued on 1 March 2012 are now spent. Catchwords: ASSOCIATIONS AND CLUBS - Incorporated Associations - parties seek the exercise of the Court's jurisdiction under Associations Incorporation Act 2009, s 96 and Corporations Act 2001, s 1322(4) to make orders validating the holding of a general meeting to elect a new Executive Council of an incorporated association - but the parties have now failed to maintain their agreed basis for the Court to exercise Corporations Act, s 1322(4) jurisdiction without a full trial - HELD: proceedings must now be referred to the Registrar for directions for the filing of evidence for a final hearing. Legislation Cited: Associations Incorporation Act 2009 (NSW) Corporations Act 2001 (Cth) Cases Cited: Ahmed & Ors v Chowdhury & Ors [2011] NSWSC 893 Ahmed & Ors v Chowdhury & Ors (No 2) [2011] NSWSC 954 Ahmed & Ors v Chowdhury & Ors (No. 3) [2011] NSWSC 1597 Ahmed & Ors v Chowdhury & Ors (No. 4) [2012] NSWSC 348 Ahmed & Ors v Chowdhury & Ors (No.5) [2012] NSWSC 411 Beck v L.W. Furniture Consolidated (Aust) Pty Ltd [2012] NSWCA 76 Category: Separate question 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 Rashid Azad Fourth Defendant/Applicant- Motiur Rahman Representation: Counsel: Plaintiffs/Respondents- in person Defendants/Applicants- in person Solicitors: Plaintiffs/Respondents- in person Defendants/Applicants- in person File Number(s): 2011/173388 Publication restriction: No