Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 3] [2011] NSWSC 1597

Kabir Ahmed & Ors v Ayubur Rahman Chowdhury & Ors [No. 3] [2011] NSWSC 1597

Court appointed Mr John Emmett McDermott as referee under UCPR r 20.15 to determine persons eligible for approval as members, restrained parties from diverting Association income or expending its money pending further order, and imposed a series of interim administrative restraints to ensure stability, in order to enable the membership dispute to be properly resolved ahead of elections.

Parties
First Plaintiff/respondent: Kabir Ahmed; Second Plaintiff/respondent: Saiful Islam Chowdhury; Third Plaintiff/respondent: Iftikhar Uddin; Fourth Plaintiff/respondent: Fazlur Rahman; First Defendant/applicant: Ayubur Rahman Chowdhury; Second Defendant/applicant: Moshiur Rahman Redoy Sheikh; Third Defendant/applicant: Harun Rachid Azad; Fourth Defendant/applicant: Motiur Rahman; Fifth Defendant: The Bangladesh Islamic Centre of N.S.W Inc
Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Consequential Orders / Interim Orders Issued; Appointment of Referee
Outcome
Interim orders issued; appointment of referee; proceedings adjourned.
Legal Topics
Incorporated Associations, Members, Appointment of Referee
Associations and Clubs Procedure Incorporated Associations Members Appointment of Referee

Case Brief

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Parties

Kabir Ahmed

First Plaintiff/respondent

Saiful Islam Chowdhury

Second Plaintiff/respondent

Iftikhar Uddin

Third Plaintiff/respondent

Fazlur Rahman

Fourth Plaintiff/respondent

Ayubur Rahman Chowdhury

First Defendant/applicant

Moshiur Rahman Redoy Sheikh

Second Defendant/applicant

Harun Rachid Azad

Third Defendant/applicant

Motiur Rahman

Fourth Defendant/applicant

The Bangladesh Islamic Centre of N.S.W Inc

Fifth Defendant

Procedural Posture

Consequential Orders / Interim Orders Issued; Appointment of Referee

Legal Issues

  1. 1 Determination of eligible members for the Association's elections
  2. 2 Ensuring interim stability and proper administration of Association's affairs

Ratio Decidendi

Court appointed Mr John Emmett McDermott as referee under UCPR r 20.15 to determine persons eligible for approval as members, restrained parties from diverting Association income or expending its money pending further order, and imposed a series of interim administrative restraints to ensure stability, in order to enable the membership dispute to be properly resolved ahead of elections.

Court Disposition

Interim orders issued; appointment of referee; proceedings adjourned.

Orders

  • Parties restrained from diverting Association income or expending money pending further order.
  • Appointment of Mr John Emmett McDermott as referee under UCPR r 20.15 to determine persons eligible for approval as members of the Association.