97Disclaimer or lease under Commonwealth Act

97 Disclaimer or lease under Commonwealth Act

(1)  This section applies to a registered lease where –

(a) the lessee is a bankrupt within the meaning of the Commonwealth Act ;

(b) the trustee, as defined by the Commonwealth Act , has disclaimed the lease pursuant to that Act;

(c) a court having jurisdiction in bankruptcy under that Act has not made an order pursuant to section 133 (9) of the Commonwealth Act vesting the lease in some person other than the lessee; and

(d) no application has been made pursuant to that subsection to such a court, or any application so made has been dismissed.

(2)  *[Section 97 Subsection (2) amended by No. 21 of 1996, s. 19 ]*A lessor under a lease to which this section applies may, by notice in an approved form, served in an approved manner on a person, other than the bankrupt lessee, who is registered as proprietor of an interest in the lease and any person who, by a caveat, claims to be entitled to an estate in the lease, require that person to state within a time specified for the purpose in the notice whether the person on whom the notice is so served claims the interest of the lessee or claims an interest derived from the lease.

(3)  Subject to subsection (4) , the Recorder may record on the relevant folio of the Register or registered dealing that a lease to which this section applies has been surrendered by operation of law where the lessor applies for such a recording to be made, and –

(a) there is no person, other than the bankrupt lessee, registered as proprietor of an estate or interest in the lease and the lease is not affected by any caveat; or

(b) [Section 97 Subsection (3) amended by No. 23 of 2021, s. 81, Applied:01 Jan 2022] the lessor lodges with the lessor’s application evidence that notice has been served as provided in subsection (2) upon every person, other than the bankrupt lessee, who appears from the Register to have or to claim an interest in the lease and that a person on whom notice has been so served has not, within the time specified in the notice, claimed the interest of the lessee or (otherwise than as registered proprietor of a sublease) an interest derived from the lease, and any caveat affecting the lease has lapsed or has been withdrawn.