New South Wales Repealed Acts

This legislation has been repealed.

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 32

32 Readjustment of strata scheme for purposes of resumption

(1) Where:

(a) a resuming authority proposes to resume land in a parcel and that land does not consist solely of common property or of all the lots and all the common property comprised in that parcel, and

(b) the resuming authority intends that that land will be excluded from the strata scheme concerned,

the resuming authority may make an application to the Supreme Court for an order under subsection (4).

(2) Notice of an application under subsection (1) shall be served, in accordance with the rules of court:

(a) on every registered proprietor and registered mortgagee of a lot the subject of the strata scheme concerned,

(b) on the body corporate,

(c) where part of a lot is intended to be resumed and the local council has not approved of a plan referred to in section 30 (3) (b) relating to that part, on that local council,

(d) on the Registrar-General, and

(e) on such other persons as the Supreme Court may direct.

(3) Any person referred to in subsection (2) (whether or not he has been served with a notice of the application), the resuming authority and any proprietor or enrolled mortgagee shall be entitled to appear and be heard on the hearing of the application.

(4) The Supreme Court may, on application made under subsection (1), make an order for or with respect to any one or more of the following matters:

(a) the substitution for the existing schedule of unit entitlement of a new schedule of unit entitlement,

(b) where part of a lot is intended to be resumed and the resuming authority intends that that part will be excluded from the strata scheme concerned, the designation as a lot of the residue of any such lot,

(b1) the amendment of any strata development contract that relates to the parcel,

(c) requiring the resuming authority, when resuming the land referred to in its application under subsection (1), also to resume any residue referred to in paragraph (b) so that that residue will either be excluded from the strata scheme concerned or remain subject to that strata scheme, according to the terms of the order,

(d) with the consent of the proprietor of a lot part of which is intended to be resumed, the vesting, freed and discharged from any mortgage, charge, covenant charge or writ, of any other part of that lot in the body corporate as common property, and

(e) any matter in respect of which it is, in the opinion of the Supreme Court, just and equitable, in the circumstances of the case, to make provision in the order.

(5) An order made under subsection (4) shall take effect upon the day on which the resumption referred to in the order takes effect.

(6) An order made under subsection (4) shall have effect according to its tenor.

(7) Where, on an application made under subsection (1), the Supreme Court is of the opinion that an order should not be made under subsection (4):

(a) it may, upon application made by any person entitled to appear and be heard on the hearing of the application made under subsection (1) or of its own motion, direct that the application under subsection (1) be treated as an application for an order under section 50 or 51, and

(b) where it makes such a direction:

(i) the application the subject of the direction shall be deemed to be an application made under section 50 (1) or 51 (1), as the case may be, by a person entitled to make the application, and

(ii) the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 50 (1) or 51 (1), as the case may be, is entitled to appear and be heard on the hearing of the application.

(8) The costs of any proceedings under this section shall be payable by the resuming authority, unless the Supreme Court otherwise orders.