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

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

A meeting of the Federal Congress of AFIC is also a general meeting of AFIC; therefore, the meeting of 6 March 2016 was a validly convened meeting of Federal Congress, but no valid resolutions were passed at that meeting as voting occurred during adjournment.

Parties
First Cross Claimant: Australian Federation of Islamic Councils Inc; Second Cross Claimant: Hafez Kassem; First Cross Defendant: Muslims New South Wales Inc; Second Cross Defendant: Islamic College of South Australia; Third Cross Defendant: Chowdhury Sadaruddin; Fourth Cross Defendant: Luma Al-Hammouri; Fifth Cross Defendant: Shabuddin Abdullah; Sixth Cross Defendant: Shahjahan Khan; Seventh Cross Defendant: Amar Ali Khan
Jurisdiction
Australia
Judgment Date
08 July 2016
Procedural Posture
Cross Claim / Principal Judgment
Outcome
Declarations made; hearing for costs pending
Legal Topics
General Meetings, Federal Congress, Removal of Executive Officers, Statutory Requisition of Meetings
Associations Law General Meetings Federal Congress Removal of Executive Officers Statutory Requisition of Meetings

Case Brief

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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

Procedural Posture

Cross Claim / Principal Judgment

Legal Issues

  1. 1 Whether the meeting of 6 March 2016 was a validly convened meeting of AFIC's Federal Congress
  2. 2 Whether resolutions passed at the meeting were effective to remove executive officers
  3. 3 Whether requisition of general meeting under Associations Incorporation Act 1964 (TAS) was effective to requisition meeting of the Federal Congress

Ratio Decidendi

A meeting of the Federal Congress of AFIC is also a general meeting of AFIC; therefore, the meeting of 6 March 2016 was a validly convened meeting of Federal Congress, but no valid resolutions were passed at that meeting as voting occurred during adjournment.

Court Disposition

Declarations made; hearing for costs pending

Orders

  • No resolutions were carried at the meeting held on Sunday, 6 March 2016.
  • Hafez Kassem, Harun Abdullah, Abdul Muhaymin Kamareddin, Khaled Jneid, Suleyman Sari, Mohamed Berjaoui, Keysar Trad, Ali Kadri and Jamal El Kholed were on 6 March 2016 members of the Executive Committee of AFIC.