South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 89

89—Basis on which Supreme Court makes orders

The Supreme Court may make an order under this Division if it is of the opinion—

            (a)         that the affairs of a co-operative are being conducted in a manner that is—

                  (i)         oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member (the "oppressed member"), whether or not in the capacity of a member; or

                  (ii)         contrary to the interests of the members as a whole; or

            (b)         that an act or omission, or a proposed act or omission, by or on behalf of a co-operative, or a resolution, or a proposed resolution, of a class of members of a co-operative, was or would be—

                  (i)         oppressive or unfairly prejudicial to, or unfairly discriminatory against, a member (the "oppressed member"), whether or not in the capacity of a member; or

                  (ii)         contrary to the interests of the members as a whole.