sec.130Application to designated tribunal

sec.130 Application to designated tribunal

The designated tribunal may, on the application of a member or the co-operative, make an order declaring and enforcing— the rights or obligations of members of the co-operative between themselves; or the rights or obligations of the co-operative and any member between themselves. 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. The designated tribunal 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 considers that— the issue raised in the application is trivial; or 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 the unreasonable or improper conduct of a party— has been responsible for the making of the application; or has added to the cost of the proceedings. (sec.130-ssec.1) The designated tribunal may, on the application of a member or the co-operative, make an order declaring and enforcing— the rights or obligations of members of the co-operative between themselves; or the rights or obligations of the co-operative and any member between themselves. (sec.130-ssec.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. (sec.130-ssec.3) The designated tribunal 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 considers that— the issue raised in the application is trivial; or 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 the unreasonable or improper conduct of a party— has been responsible for the making of the application; or has added to the cost of the proceedings.

• (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.
• (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.