New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 41Q

41Q Director may apply for orders in relation to disposal of real property owned by registered club

(1) If any real property that is owned or occupied by a registered club is disposed of otherwise than as provided by section 41J, the Director may make an application to the Supreme Court for an order in relation to the disposition of the property.

(2) In determining an application under subsection (1), the Supreme Court may make such of the following orders as it thinks fit if it is of the opinion that the disposal of the property has not been generally to the benefit of the members of the registered club:

(a) an order declaring a contract for the disposal of the property void,

(b) where the property had been owned by the club when it was disposed of, an order directing that the property be transferred back to the registered club,

(c) an order directing the payment of an amount or a further amount in relation to the disposal of the property by the person to whom the club disposed of the property or any person who benefited from the disposal of the property,

(d) such other orders as the Supreme Court considers necessary or appropriate in the circumstances.

(3) The Supreme Court is not to make an order under this section that, in the opinion of the Supreme Court:

(a) would unfairly and materially prejudice an interest or right of a person who acted in good faith and with no reasonable grounds to suspect that the disposal of the property concerned was in contravention of this Act, or

(b) would result in the extinguishment of an interest in the property (without proper compensation) held by a person who had no knowledge that the property had been disposed of in contravention of this Act or no means of preventing the disposal of the property.