Ahmed & Ors v Chowdhury & Ors (No 2)

The case of Ahmed & Ors v Chowdhury & Ors (No 2) involved a dispute about the validity of persons elected to the Executive Council of an incorporated association. The court was asked to consider the procedures for the resolution of this dispute, including the process for conducting new elections for the Executive Council. The case was heard in the Supreme Court of Queensland.

The legal issues before the court included the determination of the Association's members, the process for calling an Annual General Meeting, and the appointment of a referee to decide on questions of membership. The parties agreed that new elections for the Executive Council should be held at an Annual General Meeting, but they could not agree on the membership of the Association, who should call the Annual General Meeting, and who should be a referee to decide on a referred question as to the membership of the Association.

The court found that the parties' agreement to hold new elections for the Executive Council at an Annual General Meeting was a valid resolution under the Associations Incorporation Act 1981. However, the court held that the parties' disagreement on the membership of the Association prevented them from calling an Annual General Meeting. The court appointed a referee to decide on questions of membership, but this decision was later overturned on appeal. The court ultimately found that the parties should hold new elections for the Executive Council at a future Annual General Meeting, with the membership of the Association determined by the referee.

The court ordered that the parties should hold new elections for the Executive Council of the Association at an Annual General Meeting to be called by the current Executive Council. The court also ordered that the membership of the Association should be determined by a referee appointed by the court, with the parties to bear their own costs of the proceedings.