Unit Titles Act 2010

Cancellation of unit plans by High Court

187 Application to High Court for order of cancellation of unit plan
  • (1) Any 1 or more of the following persons may apply to the High Court for the cancellation of the unit plan:

    • (a) the body corporate for the unit title development to which the unit plan relates, after a special resolution to do so; or

    • (b) an administrator; or

    • (c) 1 or more unit owners.

    (2) The applicant must serve a notice of any application made under subsection (1) on—

    • (a) every unit owner; and

    • (b) if a principal unit in the unit title development is a subsidiary unit title development, the body corporate of that subsidiary unit title development; and

    • (c) if the unit title development is a subsidiary unit title development, the body corporate of its parent unit title development; and

    • (d) any person having an interest in any easement or covenant of a kind referred to in section 60 or 62; and

    • (e) every other person who has a registered interest in, or caveat or notice of claim entered on the register over, any unit, the common property, or the base land; and

    • (f) any insurer who has effected insurance on the buildings or other improvements comprised in any unit or on the base land or any part of the base land; and

    • (g) the Registrar.

    (3) The Registrar must enter on the supplementary record sheet a notification that the application has been made.

    (4) Any notification entered under subsection (3) must be cancelled by the Registrar if the applicant lodges a notice in the prescribed form with the Registrar that—

    • (a) the application to the High Court is not proceeding; or

    • (b) the High Court has refused to make the declaration sought.