Suggest a correction

Variation of strata subdivision scheme consequent upon damage to or destruction of subdivided building

Land Titles (Strata) Act 1967

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where all of the land and buildings comprised in a strata title plan is the subject of a declaration under section 5 of the Land Acquisition Act 1966, or any building comprised in a strata title plan is damaged or destroyed —(a)any subsidiary proprietor of a lot in the subdivided building;(b)where such a lot is subject to a mortgage or charge — the mortgagee or chargee; or(c)the management corporation,may make an application to the court for an order under subsection (4).(2) Notice of an application under subsection (1) must be served, in accordance with the Rules of Court, on —(a)every person referred to in subsection (1), other than the applicant;(b)the Commissioner;(c)the Registrar;(d)any person having a reversionary estate or interest in a lot in the subdivided building concerned; and(e)such other persons as the court may direct.(3) The applicant and any person referred to in subsection (2) (whether or not the person has been served with a notice of the application) are entitled to appear and be heard on the hearing of the application.(4) The court may, on an application made under subsection (1) (except in relation to land and buildings that are the subject of a declaration under section 5 of the Land Acquisition Act 1966), make an order to settle a scheme for the reinstatement or continued use of the subdivided building in whole or in part.(5) An order made under subsection (4) takes effect on such day as may be specified in the order.(6) Without limiting subsection (4), an order made under that subsection may include directions for or with respect to any one or more of the following matters:(a)the substitution for the existing schedule of strata units of a new schedule of strata units;(b)the reinstatement in whole or in part of the building;(c)the transfer or vesting of the interests of subsidiary proprietors of lots which have been wholly or partly destroyed to or in the management corporation free from mortgages and charges;(d)the application of any insurance moneys received by the management corporation in respect of the damage to or destruction of the subdivided building;(e)the payment of moneys to or by the management corporation or the subsidiary proprietors or any one or more of them;(f)any matter in respect of which it is, in the opinion of the court, just and equitable, in the circumstances of the case, to make provision in the order.(7) An order made under subsection (4) has effect according to its tenor.(8) Where the court is of the opinion that an order should not be made under subsection (4), 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 be treated as an application for an order under section 78.(9) Where the court makes a direction under subsection (8) —(a)the application that is the subject of the direction is deemed to be made under section 78 by a person entitled to make the application; and(b)the applicant under subsection (1), as well as any other person entitled to appear and be heard under section 78, is entitled to appear and be heard on the hearing of the application.(10) The court may vary any order made under subsection (4) on the application of any person entitled to appear and be heard on the hearing of the application for that order.

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