581Substitution of another person for the person granted leave

581 Substitution of another person for the person granted leave

581 Substitution of another person for the person granted leave

(1) Applying for substitution

(cf Corporations Act s 238 (1))

Any of the following persons may apply to the Supreme Court for an order that the person be substituted for a person to whom leave has been granted under section 580—

(a) a member, former member, or person entitled to be registered as a member, of the co-operative or of a related corporation;

(b) an officer, or former officer, of the co-operative;

(c) the Registrar.

(2) Application may be made whether or not the applicant has already brought the proceedings or intervened The application may be made whether or not the applicant has already brought the proceedings or made the intervention.

(3) Making the order

(cf Corporations Act s 238 (2))

The Supreme Court may make the order if it is satisfied that—

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

(b) in all the circumstances, it is appropriate to make the order.

(4) Effect of order

(cf Corporations Act s 238 (3))

An order substituting one person for another person has the effect that—

(a) the grant of leave is taken to have been made in favour of the substituted person; and

(b) if the other person has already brought the proceedings or intervened—the substituted person is taken to have brought those proceedings or to have made that intervention.