sec.580Applying for and granting leave

sec.580 Applying for and granting 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. (cf Corporations Act s 237 (2) ) The Supreme Court may grant the application if it is satisfied that— 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 the applicant is acting in good faith; and it is in the best interests of the co-operative that the applicant be granted leave; and if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and either— 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 it is appropriate to grant leave even if subparagraph (i) is not satisfied. (sec.580-ssec.1) (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. (sec.580-ssec.2) (cf Corporations Act s 237 (2) ) The Supreme Court may grant the application if it is satisfied that— 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 the applicant is acting in good faith; and it is in the best interests of the co-operative that the applicant be granted leave; and if the applicant is applying for leave to bring proceedings—there is a serious question to be tried; and either— 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 it is appropriate to grant leave even if subparagraph (i) is not satisfied.

• (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.
• (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.