Australian Capital Territory Current Acts

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UNIT TITLES ACT 2001 - SECT 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.



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