Islamic Association Western Suburbs Sydney Inc v Khan [2014] NSWSC 1897

Supreme Court New South Wales

Medium Neutral Citation: Islamic Association Western Suburbs Sydney Inc v Khan [2014] NSWSC 1897 Hearing dates: 17 October 2014 Decision date: 17 October 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made that matter be transferred from General Equity to Corporations List. Order made that plaintiffs provide further particulars in respect of relevant pleadings. Leave granted to first to seventh defendants to file and serve an amended defence in respect of issues concerning Corporations Act s 1322(2). Representative order made in form proposed by first to seventh defendants. Catchwords: PROCEDURE – application to strike out statement of claim – summary judgment – whether proposed pleadings state with sufficient clarity the case that must be met – whether pleadings facilitate the just, quick and cheap resolution of real issues in proceedings – principles of case management – whether statement of claim should be struck out – whether plaintiffs should be ordered to provide further particulars.

PROCEDURE – miscellaneous procedural matters – whether proceedings should be transferred from General Equity to Corporations List – whether representative orders in form proposed by first to seventh defendants should be made. Legislation Cited: - Associations Incorporations Act 2009 (NSW) - Civil Procedure Act 2005 (NSW) s 56 - Corporations Act 2001 (Cth) s 1322, 1322(2), 1322(4) - Uniform Civil Procedure Rules 2005 (NSW) r 13.1 Cases Cited: - Ahmed v Chowdhury [2012] NSWSC 1452 - Dey v Victorian Railways Commissioner (1949) 78 CLR 62 - General Steel Industries Inc v Commissioner of Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 - Gillies v District Court (NSW) [2014] NSWCA 357 Category: Procedural and other rulings Parties: Aijaz Ahmed Khan (First Plaintiff) Masud Akbar Cheema (Second Plaintiff) Nasib Mohammed (Third Plaintiff) Mohammad Yousuf (Fourth Plaintiff) Mohammed Sohaib Malak (Fifth Plaintiff) Shahab Uddin Siddiqui (Sixth Plaintiff) Mukhtar Qazi (Seventh Plaintiff) Shahzad Khan (First Defendant) Sohail Shamim (Second Defendant) Rafay Siddique (Third Defendant) Sammih Khan (Fourth Defendant) Zulfiqar Ali (Fifth Defendant) Mahmood Khan (Sixth Defendant) Nizam Ali (Seventh Defendant) Islamic Association Western Suburbs Sydney Inc (Eighth Defendant) Representation: Counsel: A P Cheshire/S Spadijer (Plaintiffs) D A Smallbone (First to Seventh Defendants)