Tasmanian Consolidated Acts

COOPERATIVES ACT 1999 - SECT 93

      (1) A person referred to in section 92(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 cooperative will not itself bring the proceedings, or properly take responsibility for them, or for the step in them; and

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

(c) it is in the best interests of the cooperative 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 cooperative 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.