Muslims New South Wales Inc v Australian Federation of Islamic Councils Inc; Australian Federation of Islamic Councils Inc v Muslims New South Wales Inc [2016] NSWSC 960

Supreme Court New South Wales

Medium Neutral Citation: Muslims New South Wales Inc v Australian Federation of Islamic Councils Inc; Australian Federation of Islamic Councils Inc v Muslims New South Wales Inc [2016] NSWSC 960 Hearing dates: 27-29 June 2016; further written submissions 5 July 2016 Decision date: 08 July 2016 Jurisdiction: Common Law Before: Stevenson J Decision: Meeting of 6 March 2016 was a validly convened meeting of Federal Congress of AFIC; no resolutions were passed at that meeting Catchwords: VOLUNTARY ASSOCIATIONS – whether requisition of general meeting under Associations Incorporation Act 1964 (TAS) effective to requisition meeting of Federal Congress of cross claimant – whether meeting of Federal Congress is a general meeting for purposes of that statute – whether resolutions purportedly passed at such meeting effective to remove executive officers Legislation Cited: Associations Incorporation Act 1964 (TAS) Associations Incorporation (Model Rules) Regulations 1965 (TAS) Cases Cited: Carpathian Resources Ltd v Henriks [2011] FCA 41 Texts Cited: A D Lang, Horsley's Meetings - Procedure, Law and Practice, (7th ed 2015, Lexis Nexis) Category: Principal judgment Parties: Australian Federation of Islamic Councils Inc (First Cross-Claimant) Hafez Kassem (Second Cross-Claimant) Muslims New South Wales Inc (First Cross-Defendant) Islamic College of South Australia (Second Cross-Defendant) Chowdhury Sadaruddin (Third Cross-Defendant) Luma Al-Hammouri (Fourth Cross-Defendant) Shabuddin Abdullah (Fifth Cross-Defendant) Shahjahan Khan (Sixth Cross-Defendant) Amar Ali Khan (Seventh Cross-Defendant) Representation: Counsel: M Ashhurst SC with A G Rogers (Cross-Claimants) A P Cheshire SC with L P Menzies (First Cross-Defendant)