138ECaveat forbidding granting of application under section 138D

138E Caveat forbidding granting of application under section 138D

[Section 138E Inserted by No. 4 of 2001, s. 16, Applied:12 Apr 2001]

(1)  A person claiming an estate or interest in the land in respect of which an application under section 138D is made may, before the Recorder makes a vesting order in respect of the application, lodge a caveat with the Recorder in an approved form forbidding the granting of the application.

(2)  [Section 138E Subsection (2) amended by No. 7 of 2023, s. 14, Applied:13 Jun 2023] A caveat under this section lapses unless the caveator has, within 30 days after lodgement, lodged with the Recorder a document in an approved form specifying the grounds for the caveat.

(3)  [Section 138E Subsection (3) substituted by No. 36 of 2012, s. 36, Applied:13 Nov 2012] The Recorder must not proceed with the application to which the caveat relates unless –

(a) the caveat has been withdrawn; or

(b) the caveat has lapsed; or

(c) if grounds for the caveat have been lodged within the time specified in subsection (2) , the Recorder has carried out an investigation of the caveat.

(4)  [Section 138E Subsection (4) substituted by No. 36 of 2012, s. 36, Applied:13 Nov 2012] In investigating the caveat, the Recorder may make such investigations as the Recorder considers necessary for the proper determination of the caveat, including conducting an inquiry under section 160(2) .

(4A)  [Section 138E Subsection (4A) inserted by No. 36 of 2012, s. 36, Applied:13 Nov 2012] On completing the investigation of the caveat, the Recorder may grant or refuse to grant the application to which the caveat relates.

(5)  [Section 138E Subsection (5) amended by No. 36 of 2012, s. 36, Applied:13 Nov 2012] On the application of any person who the Supreme Court is satisfied has a proper interest in the matter, the Court may remove into the Court any proceedings before the Recorder on an application for an order under this Part.