136ACancellation of caveat on application of proprietor of estate or interest

136A Cancellation of caveat on application of proprietor of estate or interest

[Section 136A Inserted by No. 36 of 2012, s. 33, Applied:13 Nov 2012]

(1)  [Section 136A Subsection (1) amended by No. 23 of 2021, s. 100, Applied:01 Jan 2022] On application by a registered proprietor against whom a caveat is lodged (other than under section 134 ), the Recorder is to serve on the caveator a notice in accordance with subsection (3) .

(2)  An application under subsection (1) is to be in a form approved by the Recorder.

(3)  A notice under subsection (1) is to state that the Recorder will cancel the caveat on the expiry of 28 days after the day on which the notice is served unless –

(a) an order is made by the Supreme Court extending the operation of the caveat –

(i) for such further period as is specified in the order; or

(ii) until the further order of that Court; and

(b) that order, or an office copy of that order, is lodged with the Recorder.

(4)  [Section 136A Subsection (4) substituted by No. 23 of 2021, s. 100, Applied:01 Jan 2022] If –

(a) an order referred to in subsection (3) has not been obtained and lodged with the Recorder before the expiry of the 28-day period referred to in subsection (3) , the Recorder is, unless paragraph (b) applies, to cancel the caveat on the expiry of that 28-day period; or

(b) where the period referred to in paragraph (a) expires on a day on which the office of the Recorder is closed and an order referred to in subsection (3) has not been obtained and lodged with the Recorder before the end of the next day on which the office is open, the Recorder is to cancel the caveat on the expiry of that next day.