Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 2] [2011] NSWSC 954

Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 2] [2011] NSWSC 954

Because the Association's membership approval process was paralysed by disputes about who constituted the Executive Committee, and because determining membership was necessary before a valid Annual General Meeting and Executive Council election could be held, the efficient course consistent with the overriding purpose was to join the Association and create a neutral mechanism for nomination and later appointment of a solicitor referee. Immediate mediation was inappropriate and costs of the Motion should be reserved until the end of the proceedings.

Jurisdiction
Australia
Judgment Date
25 August 2011
Procedural Posture
Equity Division Duty List; Incorporated Association Dispute; Consequential Orders / Following Dismissal of the Defendants' Motion Claiming That the Proceedings Had Been Settled, the Court Considered Orders to Facilitate an Annual General Meeting, Determine Membership Issues by Reference, and Reserve Costs.
Outcome
Orders made requiring joinder of the Association, service of orders, a request to the President of the Law Society of New South Wales to nominate a solicitor suitable for appointment as referee, further directions, adjournment to 6 September 2011, liberty to restore, and costs reserved.
Legal Topics
['incorporated Associations' 'membership Disputes' 'executive Council Elections' 'appointment of Referee' 'annual General Meeting' 'procedural Irregularity' 'joinder' 'costs Reserved']
['associations and Clubs' 'civil Procedure' 'corporations'] ['incorporated Associations' 'membership Disputes' 'executive Council Elections' 'appointment of Referee' 'annual General Meeting' 'procedural Irregularity' 'joinder' 'costs Reserved']

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Procedural Posture

Equity Division Duty List; Incorporated Association Dispute; Consequential Orders / Following Dismissal of the Defendants' Motion Claiming That the Proceedings Had Been Settled, the Court Considered Orders to Facilitate an Annual General Meeting, Determine Membership Issues by Reference, and Reserve Costs.

Legal Issues

  1. 1 ['Whether orders should be made to enable an Annual General Meeting of the Association to be held for election of a new Executive Council.' 'Whether the Association should be joined so that it would be bound by orders resolving the dispute.' 'Whether the Court should establish a mechanism for appointment of a referee to determine the present membership or eligibility for membership of the Association.' 'Whether mediation should be ordered at this stage.' 'Whether costs of the dismissed Motion should be ordered immediately or reserved.']

Ratio Decidendi

Because the Association's membership approval process was paralysed by disputes about who constituted the Executive Committee, and because determining membership was necessary before a valid Annual General Meeting and Executive Council election could be held, the efficient course consistent with the overriding purpose was to join the Association and create a neutral mechanism for nomination and later appointment of a solicitor referee. Immediate mediation was inappropriate and costs of the Motion should be reserved until the end of the proceedings.

Court Disposition

Orders made requiring joinder of the Association, service of orders, a request to the President of the Law Society of New South Wales to nominate a solicitor suitable for appointment as referee, further directions, adjournment to 6 September 2011, liberty to restore, and costs reserved.

Orders

  • ['The Bangladesh Islamic Centre of New South Wales Inc. was joined as the 5th Defendant.' 'The plaintiffs were ordered to serve a copy of the orders on the Association by delivery to its registered office by 5.00pm on Friday 26 August 2011.' 'The plaintiffs and the first and third defendants were directed jointly to...