sec.81RCourt orders

sec.81R Court orders

In a proceeding on an application under this subdivision, the court may make any order that the court considers is just and equitable. Without limiting what orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. Also, without limiting what the court may consider in making an order, in deciding whether to make an order the court must consider the following matters— whether the pre-termination report prepared by the body corporate evidences the existence of economic reasons for the termination of the scheme; the percentage of lot owners voting in favour of implementing the termination plan; the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole; the economic and social effects of the termination of the scheme on each lot owner; the economic and social effects of the termination on— a person who has a leasehold interest in a lot or other scheme land; and the caretaking service contractor for the scheme; and any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme; the terms of the termination plan; if not included in the termination plan—the termination issues for the scheme; a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme; any other matter the court considers relevant. Also, if the court considers it is necessary, the court may order the appointment of an appropriately qualified person to assist the body corporate to implement the termination plan in the way decided by the court. s 81R ins 2023 No. 29 s 7 amd 2024 No. 27 s 92 (sec.81R-ssec.1) In a proceeding on an application under this subdivision, the court may make any order that the court considers is just and equitable. (sec.81R-ssec.2) Without limiting what orders the court may make, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. (sec.81R-ssec.3) Also, without limiting what the court may consider in making an order, in deciding whether to make an order the court must consider the following matters— whether the pre-termination report prepared by the body corporate evidences the existence of economic reasons for the termination of the scheme; the percentage of lot owners voting in favour of implementing the termination plan; the aggregate market value of the common property and individual lots compared to the market value of the scheme as a whole; the economic and social effects of the termination of the scheme on each lot owner; the economic and social effects of the termination on— a person who has a leasehold interest in a lot or other scheme land; and the caretaking service contractor for the scheme; and any other person who has a contractual or other arrangement with the body corporate if the court is satisfied the person would be adversely affected by the termination of the scheme; the terms of the termination plan; if not included in the termination plan—the termination issues for the scheme; a matter the court is required to consider that is prescribed under the regulation module that applies to the scheme; any other matter the court considers relevant. (sec.81R-ssec.4) Also, if the court considers it is necessary, the court may order the appointment of an appropriately qualified person to assist the body corporate to implement the termination plan in the way decided by the court.