127Appointment of administrator

### 127 Appointment of administrator > > (1)  If, on an application for relief under this Part, the Recorder is satisfied – > > > > > > (a) that the body corporate has failed in the proper performance of a duty; and > > > > > > > (b) the applicant has a proper interest in the due performance of the relevant duty; and > > > > > > > (c) the circumstances are sufficiently serious to justify the appointment of an administrator under this section – > > > > the Recorder may, by order, appoint an administrator. > > > (2)  The appointment of an administrator – > > > > > > (a) is not to be made unless the proposed appointee consents in writing to the appointment; and > > > > > > > (b) is to be made on such terms and conditions (which may include terms and conditions for the remuneration of the administrator out of the funds of the body corporate) as the Recorder specifies in the order. > > > (3)  The administrator has, in accordance with the terms of the order, power – > > > > > > (a) to administer the affairs of the body corporate generally; or > > > > > > > (b) to carry out the function or functions of the body corporate or its officers specified in the order. > > > (4)  If an administrator has power to administer the affairs of the body corporate generally, the administrator's powers operate to the exclusion of the powers of the body corporate and its officers and if an administrator has power to carry out a specified function or functions the powers of the body corporate are excluded so far as they relate to those functions. > > > (5)  An act or omission of an administrator done or made in the course of exercising powers under this section is to be regarded as an act or omission of the body corporate. > > > (6)  The administrator must give the body corporate written notice of the exercise of powers under this section as soon as practicable after the powers are exercised.