Order for directions about winding up of strata company
192 Order for directions about winding up of strata company
Before a strata titles scheme is terminated, an application may be made to the Tribunal for an order for directions about winding up the strata company by —
an owner of a lot in the scheme; or
a registered mortgagee of a lot in the scheme; or
the strata company; or
a judgement creditor of the strata company; or
for a leasehold scheme, the owner of the leasehold scheme.
If proceedings are before the Tribunal under section 183, the application may be made in those proceedings.
Without limitation, an order under this section may include directions for —
the sale or disposition of property of the strata company (including to whom and how proceeds must be disbursed); or
the discharge of the liabilities of the strata company; or
the administration and functions of the strata company.
The applicant and any person to whom a copy of the application has been given under the State Administrative Tribunal Act 2004 section 45, is entitled to appear and be heard on the hearing of the application.
The Tribunal may vary an order made under this section on the application of any person who was entitled to appear and be heard on the hearing of the application for the order.
An order under this section prevails over steps specified in a termination proposal for winding up of the strata company to the extent of any inconsistency.
[Section 192 inserted: No. 30 of 2018 s. 83.]
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