Australian Capital Territory Repealed Acts

This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 84

    (1)     The Supreme Court may, on the application of a cooperative or a member of a cooperative, make an order declaring and enforcing—

        (a)     the rights or liabilities of members of the cooperative between themselves; or

        (b)     the rights or liabilities of the cooperative 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 cooperative.

    (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; or

        (b)     having regard to the importance of the issue, the nature of the cooperative, any other available way 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 proceeding.

    (4)     In this section:

"member" includes anyone who was a member at any time during the 6 months that ended on the day when the dispute happened.