New South Wales Consolidated Acts
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STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 135
Application for order to terminate strata scheme
135 Application for order to terminate strata scheme
(1) Any of the following persons may apply to the court for a
termination order for a strata scheme:
(a) an owner of a lot in the scheme,
(b) a mortgagee or covenant chargee of a lot in the scheme,
(c) if the scheme
is a leasehold strata scheme--the lessor of the scheme,
(2) Notice of the application must be served, in
accordance with rules of court, on:
(a) each person referred to in subsection
(1), other than the applicant, and
(b) the local council, and
(d) any other person (including creditors of the
owners corporation) directed by the court.
(3) The applicant and each person
entitled to be served with notice of the application may appear and be heard
on the hearing of the application.
(4) An application under subsection (1)
(b) may be made by a prescribed authority having the benefit of a
positive covenant only if the authority has applied under section 88I of the
Conveyancing Act 1919 for an order that the land the subject of the
strata scheme be transferred to the authority.
(5) In subsection (4),
"prescribed authority" means a prescribed authority within the meaning of
section 88D or 88E of the Conveyancing Act 1919 .
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