Revised Laws of Saint Lucia (2022)

58.   Decision of disputes

1.  

   (1)   Every dispute between—

   1.  

      (a)     a member or person claiming through a member or under the rules of a society or branch, and the society or branch or an officer thereof;

   1.  

      (b)     any person aggrieved who has ceased to be a member of a society or branch, or any person claiming through such person aggrieved, and the society or branch or an officer thereof;

   1.  

      (c)     any branch of any society or branch and the society or branch of which it is a branch;

   1.  

      (d)     an officer of any such branch and the society or branch of which that branch is a branch; or

   1.  

      (e)     any 2 or more branches of any society or branch, or any officers thereof respectively,

1.  

   shall, subject to the express provisions of this section, be decided in the manner directed by the rules of the society or branch and the decision so given shall be binding and conclusive on all parties without appeal, and shall not be removable into any court or restrainable by injunction; and application for the enforcement thereof may be made to any magistrate. However, the parties to such dispute may at any time by consent refer the dispute to the Registrar who shall have power to hear and determine such dispute as if it were a dispute ab initio before him or her as herein provided.

1.  

   (2)   

   1.  

      (a)     Any party to a dispute in a society or branch may apply to the Registrar to hear and determine the same, and the Registrar may, if he or she thinks fit, and after proper notice given to the other parties to such dispute, hear and determine such dispute. However, the Registrar may before proceeding to hear or determine a dispute make or cause a preliminary investigation to be made into the dispute with the object of ascertaining the facts and limiting the issues and of endeavouring to bring about a voluntary settlement between the parties to the dispute.

   1.  

      (b)     For the purpose of hearing and determining any such dispute the Registrar to whom a dispute is referred or to whom application is made to hear and determine a dispute may administer oaths, and may require the attendance of all parties concerned, and witnesses, and the production of all books, documents and material objects relating to the matter in question.

   1.  

      (c)     The Registrar to whom a dispute is referred or an application is made to hear and determine a dispute shall have power to order the expenses of determining such dispute including fees to legal practitioners to be paid either out of the funds of the society or branch or by such parties to the dispute as he or she may in his or her absolute discretion think fit.

   1.  

      (d)     The decision of the Registrar on any matter or question in any such dispute shall be binding and conclusive on all parties without appeal, and shall not be removable into any court or restrainable by injunction.

1.  

   (3)   

   1.  

      (a)     The decision given in respect of every dispute under this section shall be recorded in the prescribed form or as near thereto as the circumstances of the case may require, and a copy thereof duly signed by the Registrar issued to each and every party to the dispute.

   1.  

      (b)     Application for the enforcement of the determination and order contained in any such decision may be made at any time within 2 years from the date of the said decision to any magistrate together with an authenticated copy of the said determination and order. For the purpose of enforcing such decision the magistrate shall have, enjoy and exercise in all respects the powers of and attaching to a County Court in England.

1.  

   (4)   Where no decision is made on a dispute within 40 days after application to the society or branch for a reference under its rules, the member, officer, person or branch aggrieved may apply to the Registrar, who shall hear and determine the matter in dispute; but in the case of a society with branches the said 40 days shall not begin to run until application has been made in succession to all the bodies entitled to determine the dispute under the rules of the society or branch, so however that no rules shall require a greater delay than 3 months between each successive determination.

1.  

   (5)   Despite anything contained in the Arbitration Act or in any other Act, any arbitrator or umpire to whom a dispute is referred under the rules of a society or branch or the Registrar to whom a dispute is referred or application is made to hear and determine a dispute under this section shall not be compelled to state a special case on any question of law arising in the case, but the Registrar may, if he or she thinks fit, or, at the request of either party, state a case for the opinion of the High Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents, as might be granted by the High Court, and the discovery shall be made on behalf of the society or branch by such officer thereof as the High Court or Registrar may determine.

1.  

   (6)   In this section, the expression “dispute” includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member, but save as aforesaid, in the case of a person who has ceased to be a member, does not include any dispute other than a dispute on a question between him or her and the society or branch or an officer thereof which arose whilst he or she was a member, or arises out of his or her previous relation as a member of that society or branch.

1.  

   (7)   This section shall apply to unregistered societies and societies in process of formation as it applies to societies as defined in section 2.