Unit Titles Act 2010

165 Lessor may apply for appointment of administrator or cancellation of unit plan

• (1) This section applies if—

  • (a) rent is in arrears for the space of 1 month; or

  • (b) the body corporate has failed to perform or observe any of the covenants, agreements, or stipulations contained or implied in the lease to be performed or observed by the lessee.

  (2) The lessor may—

  • (a) apply to the High Court for the appointment of an administrator, in which case section 141 applies with any necessary modifications; or

  • (b) apply to the High Court for the cancellation of the unit plan, in which case sections 187 and 188 apply with any necessary modifications.

  (3) If, on an application made by the lessor under subsection (2)(b), the High Court makes a declaration authorising the cancellation of the unit plan, then, if all conditions and directions imposed or given by the High Court have been complied with,—

  • (a) the lessor may, within 6 months after the date of the declaration, apply to the Registrar for the cancellation of the plan; and

  • (b) section 189 applies with any necessary modifications.

  (4) No application may be made under subsection (2)(a) or (b) in respect of a failure described in subsection (1)(b) unless—

  • (a) the lessor serves on the body corporate and the bodies corporate described in section 187(2)(b) and (c) a notice—

    • (i) specifying the particular breach complained of; and

    • (ii) if the breach is capable of remedy, requiring the body corporate to make compensation in money for the breach; and

  • (b) the body corporate fails within a reasonable time to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money to the satisfaction of the lessor.

  (5) If the lessor is applying to the High Court under subsection (2)(b) for the cancellation of the unit plan, the body corporate, and any subsidiary body corporate located below it in a layered unit title development, may apply to the High Court for relief.

  (6) If the body corporate applies for relief under subsection (5), the High Court, having regard to the conduct of the parties and to all the circumstances of the case, may grant or refuse relief, as it thinks fit.

  (7) If the High Court grants relief it may grant it on such terms (if any) as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the High Court in the circumstances of each case thinks fit.

  Compare: 1972 No 15 s 28