Queensland Consolidated Acts

INALA SHOPPING CENTRE FREEHOLDING ACT 2006 - SECT 26

26 Particular proceedings not affected by cancellation of shopping centre leases

(1) This section applies if shopping centre leases SHPTL 1803 and SHPTL 1252 (the
"relevant leases" ) are cancelled under section 15 (1) (a) .

(2) If the easement proceeding is not finished before the conversion day, the proceeding may be continued, and the Supreme Court may make an easement order, as if the relevant leases had not been cancelled.

(3) Subsection (2) —

(a) does not limit the orders that may be made by the court; and

(b) applies despite section 15 .

(4) Subsection (5) applies if—

(a) an easement order is made by the Supreme Court; and

(b) the relevant easement is not registered before the conversion day; and

(c) the following approvals in relation to registration of the relevant easement have been obtained—

(i) the written approval of the Minister administering the Land Act 1994 ;

(ii) if the Supreme Court considers any other approval in relation to the easement is necessary to give effect to SHPTL 1803—any approval required to comply with an order of the court; and

(d) the relevant easement would have been capable of registration under the Land Act 1994 had the relevant leases not been cancelled.

(5) The relevant easement must be registered under the Land Title Act as if the easement had been granted over lot 20 of the principal scheme in favour of lot 21 of the principal scheme.

(6) In this section—

"easement order" means an order requiring the lessee of SHPTL 1803 to grant an easement over part of the land contained in the lease in favour of the lessee of SHPTL 1252.

"easement proceeding" means the proceeding started in the Supreme Court in 2004 by the lessee of SHPTL 1252 against the lessee of SHPTL 1803 seeking an easement over, or a statutory right of user in respect of, part of the land contained in SHPTL 1803.

"relevant easement" means an easement granted in compliance with an easement order.