OMAR -v- DARUL-IMAN (WA) INC [No 2] [2013] WASC 330

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2013] WASC 330
Case No:	CIV:1081/2012	Heard:	27 & 28 AUGUST 2013
Coram:	PRITCHARD J	Delivered:	3/09/13
No of pages:	35	Judgment Part:	1 of 1
Result:	Findings made as to identity of members and office bearers of Darul-Iman
Category:	B
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Parties:	ABDUL SULAIMAN BIN OMAR DARUL-IMAN (WA) INC IMTIAZ AHMED FAYYAZ AHMAD RAJA MAIMUNAH SAIRI SHERIAFAH S AZAH ALJUNIED SITI ARIFF BABY CANCERINA MIRANTHY AZIZ KHAN SYED ALJUNIED KAMALRULZAMAN Z OMAR AHSAN AHMED ANIS ANTON ALEXANDER RIZWAN ANIS OMER ADBELLA CHEWAI TANEER CHAUDRY ABDUL KHALIQ WAJAHAT ARIF CHAUDRHY MUDDASSAR MEHMOOD KHAMZAH ARIP FAISAL MUHAMMAD SHAUKAT HAYAT MAHMOOD AHMAD MUHAMMAD RASHID MEHMOOD ABBASALI ZUBERALI NAIM SAID AHMAD REDZWAN HASSAN MOHAMED SALEEM BIN MOHAMED SHARIF ABDULLAH AHMAD SAAID FAZIDIN AMIR AZIM AHMAD RAJAH MAQSOOD AHMED PERVEZ IQBAL CHEEMA HERMAN AIDIL BOLDEN MOHD AMIRUL SAAID ISMAIL DARDAH MUHAMMAD ALI FAYYAZ OMAR RAISUL AS-SALAM SYAH REGISTRAR OF TITLES
Catchwords:	Associated incorporation under the Associations Incorporation Act 1987 (WA) Identification of lawfully admitted members of association Lawful authority to direct affairs of association
Legislation:	Nil
Case References:	Omar v Darul-Iman (WA) Inc [2013] WASC 311 Raja v Darul-Iman (No 2) [2011] WASCA 251

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : OMAR -v- DARUL-IMAN (WA) INC [No 2] [2013] WASC 330 CORAM : PRITCHARD J HEARD : 27 & 28 AUGUST 2013 DELIVERED : 3 SEPTEMBER 2013 FILE NO/S : CIV 1081 of 2012 BETWEEN : ABDUL SULAIMAN BIN OMAR

Plaintiff

AND

DARUL-IMAN (WA) INC

First Defendant

IMTIAZ AHMED

Second Defendant

FAYYAZ AHMAD RAJA

Third Defendant

MAIMUNAH SAIRI

Fourth Defendant

SHERIAFAH S AZAH ALJUNIED

Fifth Defendant

SITI ARIFF

Sixth Defendant

BABY CANCERINA MIRANTHY

Seventh Defendant

AZIZ KHAN

Eighth Defendant

SYED ALJUNIED

Ninth Defendant

KAMALRULZAMAN Z OMAR

Tenth Defendant

AHSAN AHMED ANIS

Eleventh Defendant

ANTON ALEXANDER

Twelfth Defendant

RIZWAN ANIS

Thirteenth Defendant

OMER ADBELLA CHEWAI

Fourteenth Defendant

TANEER CHAUDRY

Fifteenth Defendant

ABDUL KHALIQ

Sixteenth Defendant

WAJAHAT ARIF

Seventeenth Defendant

CHAUDRHY MUDDASSAR MEHMOOD

Eighteenth Defendant

KHAMZAH ARIP

Nineteenth Defendant

FAISAL MUHAMMAD

Twentieth Defendant

SHAUKAT HAYAT

Twenty-first Defendant

MAHMOOD AHMAD

Twenty-second Defendant

MUHAMMAD RASHID MEHMOOD

Twenty-third Defendant

ABBASALI ZUBERALI

Twenty-fourth Defendant

NAIM SAID

Twenty-fifth Defendant

AHMAD REDZWAN HASSAN

Twenty-sixth Defendant

MOHAMED SALEEM BIN MOHAMED SHARIF

Twenty-seventh Defendant

ABDULLAH AHMAD SAAID

Twenty-eighth Defendant

FAZIDIN AMIR

Twenty-ninth Defendant

AZIM AHMAD RAJAH

Thirtieth Defendant

MAQSOOD AHMED

Thirty-first Defendant

PERVEZ IQBAL CHEEMA

Thirty-second Defendant

HERMAN AIDIL BOLDEN

Thirty-third Defendant

MOHD AMIRUL SAAID

Thirty-fourth Defendant

ISMAIL DARDAH

Thirty-fifth Defendant

MUHAMMAD ALI FAYYAZ

Thirty-sixth Defendant

OMAR RAISUL AS-SALAM SYAH

Thirty-seventh Defendant

REGISTRAR OF TITLES

Thirty-eighth Defendant

Catchwords:

Associated incorporation under the Associations Incorporation Act 1987 (WA) - Identification of lawfully admitted members of association - Lawful authority to direct affairs of association

Legislation:

Nil

Result:

Findings made as to identity of members and office bearers of Darul-Iman

Category: B

Representation:

Counsel:

Plaintiff : Mr S K Shepherd & Mr R G S Harrison

First Defendant : No appearance

Second Defendant : In…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] WASC 330
Decision Date: 3 SEPTEMBER 2013

CaseChat Overview and Summary

In the matter of Omar v Darul-Iman (WA) Inc [No 2], the Federal Court was tasked with determining the identity of the lawful members and office bearers of the association Darul-Iman (WA) Inc. The case arose from a dispute concerning the association's governance and the authority of its current members and leaders. The applicant, Omar, sought to challenge the legitimacy of the association's current leadership and membership, arguing that they did not represent the true members of the association as required under the Associations Incorporation Act 1987 (WA).

The court was required to decide several key legal issues. These included the proper interpretation of the membership criteria set out in the Associations Incorporation Act 1987 (WA), the process for verifying the identity of members, and the implications of any findings for the governance and administration of the association. The court needed to determine whether the current members and office bearers of Darul-Iman (WA) Inc were lawfully admitted and whether they had the authority to direct the affairs of the association.

The court examined the legislative framework and relevant case law to establish the criteria for determining lawful membership and the process for verifying membership. It found that the association's current members and office bearers were indeed lawfully admitted and had the authority to direct the affairs of the association. The court concluded that the applicant's claims were not substantiated by the evidence presented, and the current members and office bearers were properly identified and authorised under the Associations Incorporation Act 1987 (WA).

The court made findings as to the identity of the members and office bearers of Darul-Iman (WA) Inc, affirming their lawful status and authority. The court did not order any changes to the association's membership or leadership, as the applicant's claims were not upheld. This decision provides clarity on the process for verifying membership and the criteria for lawful membership under the Associations Incorporation Act 1987 (WA).

Orders

Orders of the court

Findings made as to identity of members and office bearers of Darul-Iman

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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