Northern Territory Consolidated Acts

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CO-OPERATIVES ACT - SECT 84

Application to Supreme Court

84. Application to Supreme Court

(1) The Supreme 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 Supreme 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;

(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.



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