Khan v Khan; Re Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: Khan v Khan; Re Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 638 Hearing dates: 14 – 17 and 28 April 2015 Decision date: 27 May 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Held that 2 March meeting of shareholders of incorporated association was invalid. Cross-claim seeking validation of meeting dismissed. Defendants to pay the Plaintiffs' costs as agreed or assessed. Parties to bring in agreed short minutes of order within 14 days. Catchwords: CORPORATIONS – Management and administration – Meetings – Where several members of executive council of incorporated association were removed by members at special general meeting – Where requisition and petition were relied on to support calling of the meeting – Whether meeting convened in accordance with association's constitution – Whether 5% of members requisitioned the meeting – Whether the requisition was to be read together with petition.

CORPORATIONS – Management and administration – Meetings – Where the requisition failed to comply with the association's constitution – Whether invalidity in requisition a procedural irregularity for the purposes of s 1322(2) of the Corporations Act 2001 (Cth) – Whether irregularity has caused or may cause substantial injustice.

CORPORATIONS – Management and administration – Meetings – Where association's constitution provided for a time for executive council to convene meeting – Where members convened meeting before time had elapsed – Whether members entitled to call a meeting on anticipated failure to call a meeting by executive council – Whether procedural irregularity under s 1322 of the Corporations Act.