Western Australian Consolidated Acts Western Australian Consolidated Acts (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).]