Ahmed v Chowdhury

The plaintiff, Ahmed, brought an action against the defendant, Chowdhury, in relation to his removal as General Secretary of the Australian Muslim Community Organisation. The central issue before the court was whether the removal of the plaintiff was an "irregularity" within the meaning of section 1322 of the Corporations Act 2001 (Cth). This was predicated on whether the meetings that led to the plaintiff's removal were validly convened and, consequently, whether the plaintiff's removal was lawful. Additionally, the court had to consider the practicalities of restoring the membership of the governing committee to its prior state, considering the subsequent election that had taken place.

The court examined the minutes of the meetings and the constitution of the organisation to determine the validity of the meetings that resulted in the plaintiff's removal. The court also considered the effect of the subsequent election, which had occurred after the plaintiff's removal and the appointment of a new General Secretary. The court found that the meetings were controversial and that there were procedural issues that potentially invalidated them, thereby rendering the removal of the plaintiff irregular. Furthermore, the court held that it was not practical to restore the membership of the governing committee to its previous state given the subsequent election and the passage of time.

The court concluded that the removal of the plaintiff was indeed an irregularity as defined by the Corporations Act. The irregularity arose from the invalidity of the meetings that led to his removal. Given the impracticality of reinstating the membership of the governing committee to its previous state, the court found that the subsequent election had effectively altered the composition of the committee. The court therefore ruled in favour of the plaintiff, finding the removal to be irregular and affirming that the plaintiff's position had been unlawfully terminated. The court ordered that the plaintiff be reinstated as General Secretary of the organisation, subject to the terms and conditions of his original appointment.