Western Australian Current Acts

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51 .         Relief where unanimous resolution or resolution without dissent required

        (1)         In any case where under this Act a unanimous resolution or a resolution without dissent is necessary before any act may be done and that resolution is not obtained but the resolution is supported to the extent necessary for a special resolution, a person included in the majority in favour of the resolution may apply to the District Court to have the resolution as so supported declared sufficient to authorise the particular act proposed and if the District Court so orders, the resolution shall be deemed to have been passed as a unanimous resolution or a resolution without dissent, as the case may be.

        (1a)         This section does not apply to a two-lot scheme.

        (2)         Notice of an application under subsection (1) shall be served on —

            (a)         every person who was entitled to exercise the power of voting conferred under this Act and did not, either in person or by proxy, vote in favour of the resolution; and

            (b)         every person whom the District Court declares to have a sufficient interest in the proceedings to require that he should be served with notice of the application,

                and the District Court may direct that any person served with notice of proceedings under this subsection shall be joined as a party to the proceedings.

        (3)         The District Court shall not order a party who opposes an application under this section to pay the costs of a successful applicant unless the District Court considers the actions of that party in relation to the application to have been unreasonable.

        [Section 51 amended by No. 58 of 1995 s. 49 and 93(1).]

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