Order invalidating proceedings
123 Order invalidating proceedings
If, on an application for relief under this Part, the Recorder is satisfied that the provisions of this Act or the by-laws have not been complied with in relation to the calling or conduct of a meeting of the members of the body corporate, the Recorder may, by order, invalidate a resolution of, or election held by, the persons present at the meeting.
The Recorder need not make an order under subsection (1) if satisfied – that the failure to comply with the provisions of this Act or the by-laws did not prejudicially affect any person; or that the resolution would have been passed, or the election would have had the same result, even if the relevant provisions had been complied with.
An application seeking relief under this section must be made within 30 days after the date of the meeting.
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