580Applying for and granting leave

580 Applying for and granting leave

(1) Applying for leave (cf Corporations Act s 237 (1))

A person referred to in section 579 (1) (a) may apply to the Supreme Court for leave to bring, or to intervene in, proceedings.

(2) Granting leave (cf Corporations Act s 237 (2))

The Supreme Court may grant the application if it is satisfied that:

(a) it is probable the co-operative will not itself bring the proceedings, or properly take responsibility for them, or for the steps in them; and

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

(c) it is in the best interests of the co-operative 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 co-operative of the intention to apply for leave and the reasons for applying; or

(ii) it is appropriate to grant leave even if subparagraph (i) is not satisfied.