sec.89Order granting certain licence

### sec.89 Order granting certain licence Pursuant to an application by a proprietor for an order under this section, a referee may, subject to this section, order that the applicant, and any occupier of the lot of which the applicant is the proprietor, may use specified common property in such a manner, for such purposes, and upon such terms and conditions (if any) as are specified in the order. A referee shall not make an order under subsection (1) unless the referee is satisfied— that the lot of which the applicant is proprietor is incapable of reasonable use and enjoyment by the proprietor or occupier of the lot unless the order is made; and that the body corporate has refused to grant a licence to use common property in such a manner, for such purposes, and upon such terms and conditions as would enable that proprietor or such an occupier reasonably to use and enjoy that lot. An order under subsection (1) , when recorded under section 112 , has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law. (sec.89-ssec.1) Pursuant to an application by a proprietor for an order under this section, a referee may, subject to this section, order that the applicant, and any occupier of the lot of which the applicant is the proprietor, may use specified common property in such a manner, for such purposes, and upon such terms and conditions (if any) as are specified in the order. (sec.89-ssec.2) A referee shall not make an order under subsection (1) unless the referee is satisfied— that the lot of which the applicant is proprietor is incapable of reasonable use and enjoyment by the proprietor or occupier of the lot unless the order is made; and that the body corporate has refused to grant a licence to use common property in such a manner, for such purposes, and upon such terms and conditions as would enable that proprietor or such an occupier reasonably to use and enjoy that lot. (sec.89-ssec.3) An order under subsection (1) , when recorded under section 112 , has effect, subject to any order with respect thereto made by a superior court, as if its terms were a by-law. - (a) that the lot of which the applicant is proprietor is incapable of reasonable use and enjoyment by the proprietor or occupier of the lot unless the order is made; and - (b) that the body corporate has refused to grant a licence to use common property in such a manner, for such purposes, and upon such terms and conditions as would enable that proprietor or such an occupier reasonably to use and enjoy that lot.