Australia, May 25 -- New South Wales Land and Environment Court issued text of the following judgement on April 24:
1.General meetings of voluntary associations can become the subject of heated dispute. The dispute is almost always best resolved by holding another meeting rather than the intervention of the Court, not least when the passage of time means that another such meeting must be held in any event. That is what happened in this case, leaving costs as the inevitable and intractable issue for determination by the Court.
2. On 10 February 2025, the plaintiff, Mr Hasan Alijagic, and the defendant, the Australian Bosnian-Hercegovina Cultural Association Inc consented to orders for the dismissal of both Mr Alijagic's proceedings and the Association's notice of motion for summary dismissal of those proceedings (dismissal motion). The consent orders also allowed for costs to be decided on the papers.
3. As there was no final hearing, the only common ground was that the principles set out by McHugh J in Re Minister for Immigration & Ethnic Affairs of the Commonwealth of Australia; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 are applicable.
4. Mr Alijagic seeks an order for costs as assessed or agreed, including on the indemnity basis. The Association seeks costs on the ordinary basis until 22 November 2024, and thereafter on the indemnity basis in reliance on the non-acceptance of an offer of compromise.
5. Each party says the other acted unreasonably or capitulated (or both), thereby engaging exceptions set out in Lai Qin to what might be termed the default position of there being no order as to costs. The casting of these mutual anathemas fortifies the Court in its conclusion that, for the reasons which follow, the proper exercise of the Court's discretion is that there be no order as to costs.
6. Mr Alijagic's submissions were prepared by Mr G McDonald of Counsel. The Association's submissions were prepared by Mr J Zmood of Counsel.
Procedural history
7. Mr Alijagic is a member and former president of the Association. The underlying dispute relates to the events leading up to and occurring during a "Special i.e. Extraordinary General Meeting" of the Association which was held on 31 March 2024 (the March SGM).
8. On 4 April 2024, Mr Alijagic sent a letter to the Association calling for a "Special i.e. Extraordinary General Meeting" (SGM) to be called within 21 days pursuant to clause 12 of the Association's constitution. It was stated the purpose of the meeting would be to remove Mr Alijagic as a Public Officer, change the name of the Association, elect an auditor under clause 18 of the constitution, amend the current constitution, and other business. The letter attached 79 names and signatures.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19666a9e35631ed86532ad83)
Disclaimer: Curated by HT Syndication.