Registered Clubs Act 1976
41EDisposal of real property by registered clubs
Start here
Get a plain-English read of 41E
Turn the raw legal text into a practical explanation grounded in Registered Clubs Act 1976.
41E Disposal of real property by registered clubs
41E Disposal of real property by registered clubs
(1) A registered club must not dispose of any core property of the club unless—
(a) the property has been valued by a qualified valuer, and
(b) the disposal has been approved at a general meeting of the ordinary members of the club at which a majority of the votes cast supported the approval, and
(c) any sale is by way of public auction or open tender conducted by an independent real estate agent or auctioneer.
(2) If core property is disposed of by a registered club in contravention of subsection (1), the Secretary may make an application to the Supreme Court for an order in relation to the disposition of the property.
(3) In determining an application under subsection (2), the Supreme Court may make such of the following orders as it thinks fit if it is of the opinion that the disposal of the core property has not been generally to the benefit of the members of the registered club—
(a) an order declaring a contract for the disposal of the property void,
(b) where the property had been owned by the club when it was disposed of, an order directing that the property be transferred back to the registered club,
(c) an order directing the payment of an amount or a further amount in relation to the disposal of the property by the person to whom the club disposed of the property or any person who benefited from the disposal of the property,
(d) such other orders as the Supreme Court considers necessary or appropriate in the circumstances.
(4) The Supreme Court may not make an order under subsection (3) that, in the opinion of the Supreme Court—
(a) would unfairly and materially prejudice an interest or right of a person who acted in good faith and with no reasonable grounds to suspect that the disposal of the property concerned was in contravention of this Act, or
(b) would result in the extinguishment of an interest in the property (without proper compensation) held by a person who had no knowledge that the property had been disposed of in contravention of this Act or no means of preventing the disposal of the property.