245Application for enforcement of charge

245 Application for enforcement of charge (1) A person may apply to the Supreme Court for an order under section 246 in relation to land in a retirement village in relation to which the person is a resident or former occupant if— (a) either— (i) the operator of the village— (A) if an individual—becomes bankrupt or personally insolvent; or (B) if a corporation—becomes insolvent; or (ii) an administrator is appointed in relation to the operator; and

(b) the person reasonably believes that it is unlikely that the operator will be able to refund the part of the ingoing contribution that the applicant is entitled to be refunded under a village contract relating to the village. (2) A mortgagee, receiver or administrator of land in a retirement village may apply to the Supreme Court for an order under section 246 in relation to land in a retirement village if— (a) either— (i) the operator of the village— (A) if an individual—becomes bankrupt or personally insolvent; or (B) if a corporation—becomes insolvent; or (ii) an administrator is appointed in relation to the operator; and (b) the applicant reasonably believes that it is unlikely that the operator will be able to refund any part of an ingoing contribution that a resident or former occupant is entitled to be refunded under a village contract relating to the village.