ACTIn ForceAct
Unit Titles Act 2001
161ACancellation orders—Supreme Court powers
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161A Cancellation orders—Supreme Court powers
(1) An owners corporation may apply to the Supreme Court for an order
(a cancellation order) authorising the cancellation of the units plan.
(2) On an application for a cancellation order, the Supreme Court may—
(a) make a cancellation order; or
(b) make a provisional cancellation order under section 161B; or
(c) dismiss the application.
(3) The Supreme Court may make a cancellation order only if satisfied
that it is just and equitable to make the order (including any
directions, or a declaration, mentioned in subsection (4)) having
regard to the interests of everyone with interests in the units.
(4) A cancellation order may include either or both of the following:
(a) directions to be complied with after cancellation of the units
plan;
(b) a declaration of the provisions that are to govern the new lease
arising under section 162 to take account of any variation of a
lease of any unit, or the common property, made or applied for
since the units plan was registered.
(5) A direction mentioned in subsection (4) (a) may be enforced as if it
were a judgment of the Supreme Court obtained by someone for
whose benefit the direction was given against the person required to
comply with the direction.
(6) A cancellation order remains in force for the period stated in the
order.
Cancellation orders Division 11.2