Rana v Survery [2013] NSWCA 234

Rana v Survery [2013] NSWCA 234

The appeal fails because the evidence did not establish that the Executive Council approved the admission of any specific 175 persons to membership at the meeting of 21 November 2008; the minutes of the meeting were conclusive evidence, and no error is shown in the primary judge’s conclusion that there was no legally binding decision to admit named individuals.

Parties
First Appellant: Wajahat Ali Khan Rana; Second Appellant: Mohammad Abdul Sami; Third Appellant: Rab Nawaz; First Respondent: Hafizur Rahman Khan Survery; Second Respondent: Masud Cheema; Third Respondent: Islamic Association Western Suburbs Sydney Incorporated; Fourth Respondent: The Australian Islamic College of Sydney Limited
Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Incorporated Association Membership, Effect of Conclusive Evidence Provision, Committee Resolutions
Associations and Clubs Incorporated Association Membership Effect of Conclusive Evidence Provision Committee Resolutions

Case Brief

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Parties

Wajahat Ali Khan Rana

First Appellant

Mohammad Abdul Sami

Second Appellant

Rab Nawaz

Third Appellant

Hafizur Rahman Khan Survery

First Respondent

Masud Cheema

Second Respondent

Islamic Association Western Suburbs Sydney Incorporated

Third Respondent

The Australian Islamic College of Sydney Limited

Fourth Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Executive Council approved admission of 175 or 186 persons to membership of the association at the 21 November 2008 meeting
  2. 2 Whether the primary judge erred regarding the resolution to approve candidates
  3. 3 Effect of absence of individual identification of members on validity of admission

Ratio Decidendi

The appeal fails because the evidence did not establish that the Executive Council approved the admission of any specific 175 persons to membership at the meeting of 21 November 2008; the minutes of the meeting were conclusive evidence, and no error is shown in the primary judge’s conclusion that there was no legally binding decision to admit named individuals.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs