sec.25-oc.2Variation of leasehold building units plan consequent upon damage to or destruction of building

### sec.25-oc.2 Variation of leasehold building units plan consequent upon damage to or destruction of building Where a building is damaged or destroyed— the lessor concerned or any lessee of a lot in the leasehold building units plan; or where the lease of any such lot is subject to a registered mortgage—the mortgagee; or the body corporate; may make an application to the Court for an order under subsection (4) . (new) Notice of the application shall be served, in accordance with the rules of court, on— every person referred to in subsection (1) , other than the applicant; and the local government except where the corporation is the local government; and the registrar of titles; and such other persons as the Court may direct. (new) The applicant and any person referred to in subsection (2) (whether or not served with notice of the application) shall be entitled to appear and be heard on the hearing of the application. (new) The Court may, on an application made under subsection (1) , make an order for or with respect to the variation of the existing leasehold building units plan or the substitution for the existing leasehold building units plan of a new leasehold building units plan. (new) In making an order under subsection (4) , the Court must take into account the interests of the lessor and the interests of the lessees of lots. (new) An order made under subsection (4) shall take effect on such day as may be specified in the order. (new) Without limiting the generality of subsection (4) , an order made under that subsection may include directions for or with respect to any 1 or more of the following matters— the substitution for the existing schedule of lot entitlement of a new schedule of lot entitlement; the reinstatement in whole or in part of the building or, in the case of a stratum parcel, of the part of the building subject to the leasehold building units plan; the transfer to or vesting in the body corporate, free from registered mortgages, estates or interests, and caveats, of the interests of lessees of lots which have been wholly or partly destroyed; the application of any insurance money received by the body corporate in respect of damage to or the destruction of the building or, in the case of a stratum parcel, the part of the building subject to the leasehold building units plan; the payment of money to or by the body corporate, the lessor or the lessees or any 1 or more of them; any matter in respect of which it is, in the opinion of the Court, just and equitable, in the circumstances of the case, to make provision in the order. (new) An order made under subsection (4) shall have effect according to its tenor. (new) Where the Court is of the opinion that an order should not be made under subsection (4) — it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 26 ; and where it makes such a direction— the application the subject of the direction shall be deemed to be made under section 26 by a person entitled to make the application; and the applicant under subsection (1) , as well as any other person entitled to appear and be heard under section 26 , is entitled to appear and be heard on the hearing of the application. (new) The Court may, from time to time, vary any order made under subsection (4) on the application of any person entitled to appear and be heard on the hearing of the application for that order. (new) (not applied) (not applied) (not applied) (not applied) (sec.25-oc.2-ssec.1) Where a building is damaged or destroyed— the lessor concerned or any lessee of a lot in the leasehold building units plan; or where the lease of any such lot is subject to a registered mortgage—the mortgagee; or the body corporate; may make an application to the Court for an order under subsection (4) . (new) (sec.25-oc.2-ssec.2) Notice of the application shall be served, in accordance with the rules of court, on— every person referred to in subsection (1) , other than the applicant; and the local government except where the corporation is the local government; and the registrar of titles; and such other persons as the Court may direct. (new) (sec.25-oc.2-ssec.3) The applicant and any person referred to in subsection (2) (whether or not served with notice of the application) shall be entitled to appear and be heard on the hearing of the application. (new) (sec.25-oc.2-ssec.4) The Court may, on an application made under subsection (1) , make an order for or with respect to the variation of the existing leasehold building units plan or the substitution for the existing leasehold building units plan of a new leasehold building units plan. (new) (sec.25-oc.2-ssec.4A) In making an order under subsection (4) , the Court must take into account the interests of the lessor and the interests of the lessees of lots. (new) (sec.25-oc.2-ssec.5) An order made under subsection (4) shall take effect on such day as may be specified in the order. (new) (sec.25-oc.2-ssec.6) Without limiting the generality of subsection (4) , an order made under that subsection may include directions for or with respect to any 1 or more of the following matters— the substitution for the existing schedule of lot entitlement of a new schedule of lot entitlement; the reinstatement in whole or in part of the building or, in the case of a stratum parcel, of the part of the building subject to the leasehold building units plan; the transfer to or vesting in the body corporate, free from registered mortgages, estates or interests, and caveats, of the interests of lessees of lots which have been wholly or partly destroyed; the application of any insurance money received by the body corporate in respect of damage to or the destruction of the building or, in the case of a stratum parcel, the part of the building subject to the leasehold building units plan; the payment of money to or by the body corporate, the lessor or the lessees or any 1 or more of them; any matter in respect of which it is, in the opinion of the Court, just and equitable, in the circumstances of the case, to make provision in the order. (new) (sec.25-oc.2-ssec.7) An order made under subsection (4) shall have effect according to its tenor. (new) (sec.25-oc.2-ssec.8) Where the Court is of the opinion that an order should not be made under subsection (4) — it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 26 ; and where it makes such a direction— the application the subject of the direction shall be deemed to be made under section 26 by a person entitled to make the application; and the applicant under subsection (1) , as well as any other person entitled to appear and be heard under section 26 , is entitled to appear and be heard on the hearing of the application. (new) (sec.25-oc.2-ssec.9) The Court may, from time to time, vary any order made under subsection (4) on the application of any person entitled to appear and be heard on the hearing of the application for that order. (new) (sec.25-oc.2-ssec.10) (not applied) (sec.25-oc.2-ssec.11) (not applied) (sec.25-oc.2-ssec.12) (not applied) (sec.25-oc.2-ssec.13) (not applied) - (a) the lessor concerned or any lessee of a lot in the leasehold building units plan; or - (b) where the lease of any such lot is subject to a registered mortgage—the mortgagee; or - (c) the body corporate; - (a) every person referred to in subsection (1) , other than the applicant; and - (b) the local government except where the corporation is the local government; and - (c) the registrar of titles; and - (d) such other persons as the Court may direct. - (a) the substitution for the existing schedule of lot entitlement of a new schedule of lot entitlement; - (b) the reinstatement in whole or in part of the building or, in the case of a stratum parcel, of the part of the building subject to the leasehold building units plan; - (c) the transfer to or vesting in the body corporate, free from registered mortgages, estates or interests, and caveats, of the interests of lessees of lots which have been wholly or partly destroyed; - (d) the application of any insurance money received by the body corporate in respect of damage to or the destruction of the building or, in the case of a stratum parcel, the part of the building subject to the leasehold building units plan; - (e) the payment of money to or by the body corporate, the lessor or the lessees or any 1 or more of them; - (f) any matter in respect of which it is, in the opinion of the Court, just and equitable, in the circumstances of the case, to make provision in the order. - (a) it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application be treated as an application for an order under section 26 ; and - (b) where it makes such a direction— (i) the application the subject of the direction shall be deemed to be made under section 26 by a person entitled to make the application; and (ii) the applicant under subsection (1) , as well as any other person entitled to appear and be heard under section 26 , is entitled to appear and be heard on the hearing of the application. - (i) the application the subject of the direction shall be deemed to be made under section 26 by a person entitled to make the application; and - (ii) the applicant under subsection (1) , as well as any other person entitled to appear and be heard under section 26 , is entitled to appear and be heard on the hearing of the application. - (i) the application the subject of the direction shall be deemed to be made under section 26 by a person entitled to make the application; and - (ii) the applicant under subsection (1) , as well as any other person entitled to appear and be heard under section 26 , is entitled to appear and be heard on the hearing of the application.