Campara v Australian Islamic Society of Bosnia Herzegovina Inc [2020] NSWSC 1739

Campara v Australian Islamic Society of Bosnia Herzegovina Inc [2020] NSWSC 1739

The resolutions purporting to remove the plaintiffs from committee or association membership and to appoint replacements were invalid because they were made without proper power under the constitution, lacked required procedural fairness, adequate notice, or quorum, and did not comply with the constitutional provisions regarding removal and appointment. Procedural irregularities were not validated under s 1322 of the Corporations Act given the substantial injustice caused. Declaratory relief was appropriate. As the proceedings were resolved by consent and both parties acted reasonably, there was no order as to costs.

Parties
First Plaintiff: Amir Campara; Second Plaintiff: Hasan Alijagic; Third Plaintiff: Hasan Garibovic; Fourth Plaintiff: Enver Hot; Fifth Plaintiff: Admir Mutapcic; First Defendant: Australian Islamic Society of Bosnia Herzegovina Inc; Second Defendant: Jasmin Bekric; Third Defendant: Asim Begic; Fourth Defendant: Aldin Becic; Fifth Defendant: Albin Hasanovic; Sixth Defendant: Semir Korjenic; Seventh Defendant: Semir Islamovic; Eighth Defendant: Dzvedet Alic; Ninth Defendant: Zijad Haracic; Tenth Defendant: Huska Kazic; Eleventh Defendant: Novalija Hodzic
Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Equity Corporations List / Principal Judgment
Outcome
Declarations and orders made by consent; no order as to costs
Legal Topics
Internal Management of Incorporated Associations, Meetings and Resolutions, Contractual Enforcement of Constitutions, Procedural Fairness, Validity of Appointments and Removals
Associations and Clubs Corporations Internal Management of Incorporated Associations Meetings and Resolutions Contractual Enforcement of Constitutions Procedural Fairness Validity of Appointments and Removals

Case Brief

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Parties

Amir Campara

First Plaintiff

Hasan Alijagic

Second Plaintiff

Hasan Garibovic

Third Plaintiff

Enver Hot

Fourth Plaintiff

Admir Mutapcic

Fifth Plaintiff

Australian Islamic Society of Bosnia Herzegovina Inc

First Defendant

Jasmin Bekric

Second Defendant

Asim Begic

Third Defendant

Aldin Becic

Fourth Defendant

Albin Hasanovic

Fifth Defendant

Semir Korjenic

Sixth Defendant

Semir Islamovic

Seventh Defendant

Dzvedet Alic

Eighth Defendant

Zijad Haracic

Ninth Defendant

Huska Kazic

Tenth Defendant

Novalija Hodzic

Eleventh Defendant

Procedural Posture

Equity Corporations List / Principal Judgment

Legal Issues

  1. 1 Whether committee resolutions removing plaintiffs and appointing others were invalid for breach of the constitution
  2. 2 Whether expulsions and appointments were in accordance with the constitution and procedural fairness
  3. 3 Whether the requirements for disciplinary proceedings and notice were met

Ratio Decidendi

The resolutions purporting to remove the plaintiffs from committee or association membership and to appoint replacements were invalid because they were made without proper power under the constitution, lacked required procedural fairness, adequate notice, or quorum, and did not comply with the constitutional provisions regarding removal and appointment. Procedural irregularities were not validated under s 1322 of the Corporations Act given the substantial injustice caused. Declaratory relief was appropriate. As the proceedings were resolved by consent and both parties acted reasonably, there was no order as to costs.

Court Disposition

Declarations and orders made by consent; no order as to costs

Orders

  • Declares the displacement of the second plaintiff from the Committee on or around 11 March 2020 was invalid.
  • Declares the displacement of the second plaintiff from the Association on or around 1 October 2020 was invalid.