Jane Emerick
Torquay Golf Club could end up in court over plans for an RACV takeover.
Members opposing the plan are considering a legal challenge on whether the club could sell to the RACV if just over 50 per cent of the membership voted in favour of the offer.
The members have sought legal advice on whether accepting the offer required a change to the club constitution, which demands 75 per cent approval. The club’s lawyers have advised that the sale does not require a constitution change, just 50percentplus support.
Club general manager Bill Laird said members fighting the RACV takeover were “grasping at straws”.
He said a vote on the RACV proposal would go ahead on May 27 regardless of legal proceedings.
“They can’t stop the vote,” he said.
“They can take legal action, it is their right to do so, but, really, they are people grasping at straws.”
Mr Laird said he was not surprised the RACV takeover could lead to a court battle.
However, he warned that the objectors would need deep pockets.
“We knew there would be some people against it and they would fight the decision,” he said.
“If they take it to court they will have an expensive battle on their hands.”
Club member Michael Buckley said he believed the club could not sell without a change to its constitution.
He said the lawyer investigating the vote on behalf of the objectors represented the interests of “all members”.
Mr Buckley said about 20 members had been involved in meetings with lawyers over the RACV takeover.
The objectors would wait for a decision from their barrister before deciding whether to challenge the takeover bid in court.
The RACV’s $55 million bid includes membership perks, a new clubhouse, a course upgrade and accommodation facilities with 55 to 66 fivestar rooms.
Members against the takeover say the incentives do not outweigh losing ownership of the club and having a busier course.