NSWIn ForceAct
Strata Schemes Development Act 2015
135Application for order to terminate strata scheme
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#### 135 Application for order to terminate strata scheme
135 Application for order to terminate strata scheme
> > (1) Any of the following persons may apply to the court for a termination order for a strata scheme—
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> > > (a) an owner of a lot in the scheme,
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> > > (b) a mortgagee or covenant chargee of a lot in the scheme,
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> > > (c) if the scheme is a leasehold strata scheme—the lessor of the scheme,
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> > > (d) the owners corporation.
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> > (2) Notice of the application must be served, in accordance with rules of court, on—
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> > > (a) each person referred to in subsection (1), other than the applicant, and
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> > > (b) the local council, and
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> > > (c) the Registrar-General, and
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> > > (d) any other person (including creditors of the owners corporation) directed by the court.
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> > (3) The applicant and each person entitled to be served with notice of the application may appear and be heard on the hearing of the application.
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> > (4) An application under subsection (1) (b) may be made by a prescribed authority having the benefit of a positive covenant only if the authority has applied under section 88I of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) for an order that the land the subject of the strata scheme be transferred to the authority.
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> > (5) In subsection (4), prescribed authority means a prescribed authority within the meaning of section 88D or 88E of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).