Part 4 — Board Powers and Elections Division 1 Board Powers
92 Appeal of board's resolution
disqualified from remaining as a trustee, that person may apply to
the Court of King's Bench for an order declaring the person to be
qualified to remain as a trustee.
(2) Where a person
(a) is declared under section 91(a) to be disqualified from
remaining as a trustee, and
(b) makes an application to the Court under subsection (1),
that person remains disqualified unless the Court otherwise orders.
(3) An application under this section must be made within 30 days
from the date that the resolution was passed under section 91(a).
(4) On hearing an application and any evidence, whether oral or by
affidavit, that the Court requires, the Court may make an order,
with or without costs,
(a) declaring the person to be qualified to be a trustee, and
(i) reinstating the person as a trustee for any unexpired
portion of the term of office for which the person was
elected,
(ii) requiring any person who has been elected to serve the
balance of that term to vacate the office, and
(iii) requiring the repayment to the reinstated person of any
honorarium, salary or entitlement that was not paid to
the person during the period of disqualification,
o r
(b) declaring the person to be disqualified from remaining as a
trustee and requiring the person to vacate the person's seat
on the board.
2012 cE-0.3 s92;AR 217/2022