Western Australian Current Acts Western Australian Current Acts (1) The Supreme Court
may, on the application of a member of a co-operative, or a 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 the Court 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.