sec.567Irregularities (cf Corporations Act s 1322 )

sec.567 Irregularities (cf Corporations Act s 1322 )

In this section, unless the contrary intention appears— a reference to a proceeding under this Law is a reference to any proceeding whether a legal proceeding or not; and a reference to a procedural irregularity includes a reference to— the absence of a quorum at a meeting of a co-operative, at a meeting of directors or creditors of a co-operative, or at a joint meeting of creditors and members of a co-operative; and a defect, irregularity or deficiency of notice or time. A proceeding under this Law is not invalidated because of any procedural irregularity unless the Supreme Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the court and by order declares the proceeding to be invalid. A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the accidental omission to give notice of the meeting or the non-receipt by any person of notice of the meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the inability of a person to access the notice of meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. If a member does not have a reasonable opportunity to participate in a meeting of members, or part of a meeting of members, held at 2 or more venues, the meeting will only be invalid on that ground if— the Supreme Court is of the opinion that— a substantial injustice has been caused or may be caused; and the injustice cannot be remedied by any order of the Supreme Court; and the Supreme Court declares the meeting or proceeding (or that part of it) invalid. Subject to the following provisions of this section but without limiting the generality of any other provision of this Law, the Supreme Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the court imposes— an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Law or in relation to a co-operative is not invalid by reason of any contravention of a provision of this Law or a provision of the constitution of a co-operative; an order directing the rectification of any register kept by the Registrar under this Law; an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a) ; an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Law or in relation to a co-operative (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding; and may make such consequential or ancillary orders as the court thinks fit. An order may be made under subsection (6) (a) or (c) notwithstanding that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence. The Supreme Court must not make an order under this section unless it is satisfied— in the case of an order referred to in subsection (6) (a)— that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or that the person or persons concerned in or party to the contravention or failure acted honestly; or that it is just and equitable that the order be made; and in the case of an order referred to in subsection (6) (c)—that the person subject to the civil liability concerned acted honestly; and in every case—that no substantial injustice has been or is likely to be caused to any person. (sec.567-ssec.1) In this section, unless the contrary intention appears— a reference to a proceeding under this Law is a reference to any proceeding whether a legal proceeding or not; and a reference to a procedural irregularity includes a reference to— the absence of a quorum at a meeting of a co-operative, at a meeting of directors or creditors of a co-operative, or at a joint meeting of creditors and members of a co-operative; and a defect, irregularity or deficiency of notice or time. (sec.567-ssec.2) A proceeding under this Law is not invalidated because of any procedural irregularity unless the Supreme Court is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the court and by order declares the proceeding to be invalid. (sec.567-ssec.3) A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the accidental omission to give notice of the meeting or the non-receipt by any person of notice of the meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (sec.567-ssec.4) A meeting held for the purposes of this Law, or a meeting notice of which is required to be given in accordance with the provisions of this Law, or any proceeding at such a meeting, is not invalidated only because of the inability of a person to access the notice of meeting, unless the Supreme Court, on the application of the person concerned, a person entitled to attend the meeting or the Registrar, declares proceedings at the meeting to be void. (sec.567-ssec.5) If a member does not have a reasonable opportunity to participate in a meeting of members, or part of a meeting of members, held at 2 or more venues, the meeting will only be invalid on that ground if— the Supreme Court is of the opinion that— a substantial injustice has been caused or may be caused; and the injustice cannot be remedied by any order of the Supreme Court; and the Supreme Court declares the meeting or proceeding (or that part of it) invalid. (sec.567-ssec.6) Subject to the following provisions of this section but without limiting the generality of any other provision of this Law, the Supreme Court may, on application by any interested person, make all or any of the following orders, either unconditionally or subject to such conditions as the court imposes— an order declaring that any act, matter or thing purporting to have been done, or any proceeding purporting to have been instituted or taken, under this Law or in relation to a co-operative is not invalid by reason of any contravention of a provision of this Law or a provision of the constitution of a co-operative; an order directing the rectification of any register kept by the Registrar under this Law; an order relieving a person in whole or in part from any civil liability in respect of a contravention or failure of a kind referred to in paragraph (a) ; an order extending the period for doing any act, matter or thing or instituting or taking any proceeding under this Law or in relation to a co-operative (including an order extending a period where the period concerned ended before the application for the order was made) or abridging the period for doing such an act, matter or thing or instituting or taking such a proceeding; and may make such consequential or ancillary orders as the court thinks fit. (sec.567-ssec.7) An order may be made under subsection (6) (a) or (c) notwithstanding that the contravention or failure referred to in the paragraph concerned resulted in the commission of an offence. (sec.567-ssec.8) The Supreme Court must not make an order under this section unless it is satisfied— in the case of an order referred to in subsection (6) (a)— that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or that the person or persons concerned in or party to the contravention or failure acted honestly; or that it is just and equitable that the order be made; and in the case of an order referred to in subsection (6) (c)—that the person subject to the civil liability concerned acted honestly; and in every case—that no substantial injustice has been or is likely to be caused to any person.