144Proprietor if dissatisfied may summon Recorder to show cause

144 Proprietor if dissatisfied may summon Recorder to show cause

(1)  [Section 144 Subsection (1) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] [Section 144 Subsection (1) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] Subject to subsection (6) , if the Recorder –

(a) [Section 144 Subsection (1) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] refuses to do an act which the Recorder is required or empowered to do under this or any other Act; or

(b) [Section 144 Subsection (1) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] gives a direction or makes an order upon the Recorder’s own motion or upon an application while exercising the Recorder’s powers under this or any other Act –

a person who believes that person to be aggrieved by the refusal, direction, or order may require the Recorder to state in writing the grounds for the Recorder’s refusal, direction, or order notwithstanding that the Recorder has acted under a discretionary power.

(1A)  [Section 144 Subsection (1A) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] [Section 144 Subsection (1A) inserted by No. 36 of 2012, s. 47, Applied:13 Nov 2012] A requirement under subsection (1) must be lodged with the Recorder within 90 days after the relevant refusal, direction or order is given by the Recorder, or such longer period as the Recorder allows.

(2)  [Section 144 Subsection (2) amended by No. 23 of 2021, s. 122, Applied:01 Jan 2022] A person referred to in subsection (1) may proceed against the Recorder by summons in the Supreme Court requiring the Recorder to justify the Recorder’s refusal, direction, or order, and the Court may make such order as it thinks fit.

(3)  All expenses attendant upon any proceedings under this section shall be borne and paid by the person referred to in , unless the Supreme Court certifies that there were no probable grounds for the refusal, direction, or order referred to in .