Western Australian Numbered Acts

CO-OPERATIVES ACT 2009 (NO. 24 OF 2009) - SECT 91

91 .         Applying for and granting leave

        (1)         A person referred to in section 90(1)(a) may apply to the Supreme Court for leave to bring, or to intervene in, proceedings.

        (2)         The Supreme Court may grant the application if it is satisfied that —

            (a)         it is probable that the co-operative will not itself bring the proceedings, or properly take responsibility for them, or for a step in them; and

            (b)         the applicant is acting in good faith; and

            (c)         it is in the best interests of the co-operative that the applicant be granted leave; and

            (d)         if the applicant is applying for leave to bring proceedings, there is a serious question to be tried; and

            (e)         either —

                  (i)         at least 14 days before making the application, the applicant gave written notice to the co-operative of the intention to apply for leave and of the reasons for applying; or

                  (ii)         it is appropriate to grant leave even if subparagraph (i) is not satisfied.