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reg 25

Application to ERD Court to preserve caveat

In force
Part 5Caveats

25 Application to ERD Court to preserve caveat

(1)

A caveator who has received a notice from the Minister under regulation 23(2) may apply to the ERD Court under this regulation.

(2)

The ERD Court may, on application under this regulation, if it considers that there are reasonable grounds to do so, make an order that the caveat should continue to be registered.

(3)

An order under subregulation (2) may provide that the caveat should continue—

(a)

for a further period specified by the Court; or

(b)

until a further order of the Court; or

(c)

until the occurrence of an event specified by the Court;

or

(d)

until the caveat lapses under another provision of these regulations.

(4)

The ERD Court may make an order under this regulation subject to such conditions as the Court thinks fit.

(5)

The ERD Court should only make an order under subregulation (2) if the caveator has made application under this regulation in sufficient time for the Court to make an order that can be provided to the Minister under regulation 23(2).

(6)

The ERD Court has jurisdiction to make any further order in connection with the operation of this Part as the Court thinks fit.

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