Unit Titles Act 2010

182 Effect of cancellation of stage unit plan

• (1) If a stage unit plan for a standard unit title development or a head unit title development is cancelled, the estates described in section 180(2)(a)(i) and (ii) vest as described in subsection (3) of this section.

  (2) If a stage unit plan for a subsidiary unit title development is cancelled, the estates described in section 181(2)(a)(i) and (ii) vest as described in subsection (3) of this section.

  (3) The estates referred to in subsections (1) and (2) vest—

  • (a) as to 1 undivided share in each person who was the owner of a future development unit immediately before the cancellation of the plan; and

  • (b) as to 1 undivided share in all the persons who were the owners of the units (other than future development units) immediately before the cancellation of the plan.

  (4) A share referred to in subsection (3)(a) is to be in the proportion that the total of all the proposed ownership interests of the proposed principal units and proposed accessory units in the future development unit, assessed as required by section 177(7), bears to the total ownership interests of the balance of the development.

  (5) As between themselves, the persons who are entitled to 1 undivided share in the relevant estates under subsection (3)(b) are entitled in shares proportional to what was, immediately before the cancellation of the plan, their ownership interest.