Unit Titles Act 2001

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.