United Muslims New South Wales Incorporated v Australian Federation of Islamic Councils & Ors [2021] NSWSC 421

United Muslims New South Wales Incorporated v Australian Federation of Islamic Councils & Ors [2021] NSWSC 421

AFIC identified no grounds for appeal to allow the Court to assess whether an arguable case exists for a stay, and the stay sought would not preserve but alter the status quo. Thus, no stay was warranted under established principles.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Application for Consequential and Final Orders / Post Judgment Orders; Application for Stay Pending Appeal
Outcome
Stay refused; orders made as agreed between the parties except for the stay.
Legal Topics
['procedure' 'stay of Orders' 'declarations']
['equity' 'corporations'] ['procedure' 'stay of Orders' 'declarations']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Consequential and Final Orders / Post Judgment Orders; Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of orders pending proposed appeal' 'Whether the plaintiff is the State Council for New South Wales under the AFIC Constitution' "Validity of the appointment of the plaintiff's delegate" 'Whether the exclusion of Mr Talal Elcheikh from acting as delegate was valid']

Ratio Decidendi

AFIC identified no grounds for appeal to allow the Court to assess whether an arguable case exists for a stay, and the stay sought would not preserve but alter the status quo. Thus, no stay was warranted under established principles.

Court Disposition

Stay refused; orders made as agreed between the parties except for the stay.

Orders

  • ['The Plaintiff is declared the State Council for New South Wales as defined in clause 3 of the AFIC Constitution.' 'Hossam Elrayes, President of the Plaintiff, is declared the duly appointed delegate for the State Council for New South Wales as defined in clause 12(1) of the AFIC Constitution.' "The decision of the...