Application to ERD Court to lapse caveat or obtain compensation
24 Application to ERD Court to lapse caveat or obtain compensation
A person who—
has an interest in a relevant entitlement that is subject to a caveat registered under this Part; or
has an interest that is directly affected by a caveat registered under this Part, may apply to the ERD Court under this regulation.
An application may be made for 1 or more of the following:
a declaration that—
an interest claimed by the caveator is not a valid interest for the registration of a caveat; or
a caveat should not have been registered under this Part for any other reason;
an order that a caveat lapse;
an order that a transfer, variation or surrender relating to a relevant entitlement be registered despite the registration of a caveat under this Part;
an order that a security interest relating to a relevant entitlement be registered despite the registration of a caveat under this
Part;
an order that a caveator pay compensation for any loss or damage suffered because a caveat registered under this Part does not relate to a valid interest for the registration of a caveat.
Any compensation payable under an order under subregulation (2)(e) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.
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