sec.351Orders that can be made by Wardens Court in relation to caveats

sec.351 Orders that can be made by Wardens Court in relation to caveats

The Wardens Court may— order the removal of a caveat from a tenure; or order the Minister to register a dealing despite a caveat; or extend the period provided for by section 348 (2) (c) . If— the court makes an order under subsection (1) (a) or (b) in relation to the tenure; and the court is satisfied that caveats are being used vexatiously to delay the registration of a document; the court may also make an order that the Minister must not register any caveat in relation to the tenure unless the court has consented to the registration. An order under subsection (2) may be for an indefinite period or for a specified period. An order under subsection (2) may provide that the court’s consent is not required in any specified case or class of case. If an application is made to the court for an order under subsection (2) , the Minister becomes a party to the proceeding. If a court makes an order under this section, the Minister must— register details of the order; and keep a copy of the order. (sec.351-ssec.1) The Wardens Court may— order the removal of a caveat from a tenure; or order the Minister to register a dealing despite a caveat; or extend the period provided for by section 348 (2) (c) . (sec.351-ssec.2) If— the court makes an order under subsection (1) (a) or (b) in relation to the tenure; and the court is satisfied that caveats are being used vexatiously to delay the registration of a document; the court may also make an order that the Minister must not register any caveat in relation to the tenure unless the court has consented to the registration. (sec.351-ssec.3) An order under subsection (2) may be for an indefinite period or for a specified period. (sec.351-ssec.4) An order under subsection (2) may provide that the court’s consent is not required in any specified case or class of case. (sec.351-ssec.5) If an application is made to the court for an order under subsection (2) , the Minister becomes a party to the proceeding. (sec.351-ssec.6) If a court makes an order under this section, the Minister must— register details of the order; and keep a copy of the order.

• (a) order the removal of a caveat from a tenure; or
• (b) order the Minister to register a dealing despite a caveat; or
• (c) extend the period provided for by section 348 (2) (c) .
• (a) the court makes an order under subsection (1) (a) or (b) in relation to the tenure; and
• (b) the court is satisfied that caveats are being used vexatiously to delay the registration of a document;
• (a) register details of the order; and
• (b) keep a copy of the order.