New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 90

90 Application to Court

(cf Vic Act s 89)

(1) The Court may, on the application of a member or the co-operative, make an order declaring and enforcing:

(a) the rights or obligations of members of the co-operative between themselves, or

(b) the rights or obligations of the co-operative and any member between themselves.

(2) An order may be made under this section whether or not a right of a proprietary nature is involved and whether or not the applicant has an interest in the property of the co-operative.

(3) The Court may refuse to make an order on the application or may make an order for costs against a party, whether successful or not, if it is of the opinion that:

(a) the issue raised in the application is trivial, or

(b) having regard to the importance of the issue, the nature of the co-operative, any other available method of resolving the issue, the costs involved, lapse of time, acquiescence or any other relevant circumstance, it was unreasonable to make the application, or

(c) the unreasonable or improper conduct of a party:

(i) has been responsible for the making of the application, or

(ii) has added to the cost of the proceedings.