Cancellation orders—Supreme Court powers
161A Cancellation orders—Supreme Court powers
An owners corporation may apply to the Supreme Court for an order (a cancellation order) authorising the cancellation of the units plan.
On an application for a cancellation order, the Supreme Court may—
make a cancellation order; or
make a provisional cancellation order under section 161B; or
dismiss the application.
The Supreme Court may make a cancellation order only if satisfied that it is just and equitable to make the order (including any directions, or a declaration, mentioned in subsection (4)) having regard to the interests of everyone with interests in the units.
A cancellation order may include either or both of the following:
directions to be complied with after cancellation of the units plan;
a declaration of the provisions that are to govern the new lease arising under section 162 to take account of any variation of a lease of any unit, or the common property, made or applied for since the units plan was registered.
A direction mentioned in subsection (4) (a) may be enforced as if it were a judgment of the Supreme Court obtained by someone for whose benefit the direction was given against the person required to comply with the direction.
A cancellation order remains in force for the period stated in the order.
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