Rana v Survery [2013] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rana v Survery [2013] NSWCA 234 Hearing dates: 26 February 2013 Decision date: 24 July 2013 Before: Bathurst CJ at [1]; Macfarlan JA at [83]; Hoeben JA at [84] Decision: Appeal dismissed with costs [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ASSOCIATIONS AND CLUBS - incorporated association - resolution at committee meeting regarding nominees for membership - whether primary judge erred as to resolution to approve candidates. ASSOCIATIONS AND CLUBS - incorporated association - effect of a conclusive evidence provision in the Association's Constitution. Legislation Cited: Associations Incorporation Act 1984, s 11, s19 Associations Incorporation Act 2009, s 26 Associations Incorporation Regulation 1999, Schedule 1 Corporations Act 2001 (Cth), s 140 Cases Cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 86 ALJR 522 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Kerr v John Mottram Ltd [1940] 1 Ch 657 Islamic Association of Western Suburbs Sydney v Survery [2008] NSWSC 875 Category: Principal judgment Parties: Wajahat Ali Khan Rana (First appellant) Mohammad Abdul Sami (Second appellant) Rab Nawaz (Third appellant) Hafizur Rahman Khan Survery (First respondent) Masud Cheema (Second respondent) Islamic Association Western Suburbs Sydney Incorporated (Third respondent) The Australian Islamic College of Sydney Limited (Fourth respondent) Representation: Counsel: P Taylor SC and A M Pickles (Appellants) A Cheshire (Respondents) Solicitors: Denison Toyer (Appellants) NA Lawyers (Respondents) File Number(s): 2012/306283 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 905 Date of Decision: 2012-08-10 00:00:00 Before: Pembroke J File Number(s): 2011/400057