Khan v Khan; Re Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 843

Supreme Court New South Wales

Medium Neutral Citation: Khan v Khan; Re Islamic Association Western Suburbs Sydney Inc [2015] NSWSC 843 Hearing dates: 14 – 17 and 28 April 2015 Decision date: 29 June 2015 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: The meeting of 2 March 2014 and the appointment and removal of Executive Council be declared invalid. Cross-Claim is dismissed. Interlocutory orders on 14 March 2014 (continued 1 and 16 April 2014), 6 November 2014 and 5 December 2014 are discharged. First to Seventh Defendants pay the Plaintiffs' costs. Catchwords: PROCEDURE – judgments and orders – enforcement of judgments and orders – where proposed final orders to extend interlocutory orders are in substance a stay application – whether to extend or discharge interlocutory orders. Cases Cited: Aquaqueen International Pty Ltd v Titan National Pty Ltd [2015] NSWCA 9 Category: Consequential orders (other than Costs) 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 (Plaintiffs) D A Smallbone (First to Seventh Defendants)