Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_238
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 238
Character Range: 119780–120700

238  Substitution of another person for the person granted leave

 (1) Any of the following persons may apply to the Court for an order that they be substituted for a person to whom leave has been granted under section 237:
 (a) a member, former member, or a person entitled to be registered as a member, of the company or of a related body corporate
 (b) an officer, or former officer, of the company.

 (2) The Court may make the order if it is satisfied that:
 (a) the applicant is acting in good faith; and
 (b) it is appropriate to make the order in all the circumstances.

 (3) An order substituting one person for another has the effect that:
 (a) the grant of leave is taken to have been made in favour of the substituted person; and
 (b) if the other person has already brought the proceedings or intervened—the substituted person is taken to have brought those proceedings or to have made that intervention.