Land Code (Strata) Act · 2000 Revised Edition · Part IX
57. Application to Court for cancellation
Official textFrom Attorney General's Chambers, unchanged
Where in respect of a strata plan, an application in that behalf is made to the Court by the Commissioner, the strata corporation, an administrator or the proprietor or one of the proprietors of a unit and the
strata plan
“strata plan” means a plan that has been or is intended to be certified under section 9;
Court is satisfied that, having regard to the rights and interests of any creditor of the strata corporation and of every person who has any interest in any unit or in the land or in any part of the land, it is just and equitable that the strata corporation be dissolved and the strata plan cancelled, the Court may make a declaration to that effect.
Without limiting the grounds upon which it may be just and equitable that the strata corporation be dissolved and the strata plan cancelled under subsection (1), the Court may make a declaration to that effect under this section if it is satisfied that the building subject to the strata plan —
building
“building” means any completed building which complies with approvals granted by the relevant authority;
are in the ordinary course of events likely to cause injury or death, whether by collapse or otherwise, to any persons in or to persons on other property or to adjoining buildings; or
are a fire hazard and likely to give rise to loss of life in the event of fire; or
have been abandoned or are not reasonably capable of occupation whether by reason of a health hazard existing in such building or otherwise.
A notice of any application made under subsection (1) shall be served on every person who has an interest as a proprietor of a unit and on the Commissioner, if the Commissioner is not the applicant and on every chargee, insurer and other person having any registered estate or interest in any unit or land to which the plan relates, and on any insurer who has effected insurance on the buildings or other improvements comprised in any unit or on the land or any part thereof; and the Commissioner shall thereupon enter on the supplementary record sheet a notification that the application has been so made. Any notification so entered shall be cancelled by the
proprietor
“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
Commissioner if the applicant so requests and advises that the application to the Court is not proceeding or if the Commissioner is satisfied that the Court has refused to make the declaration sought.
Commissioner
“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
Land Code (Strata)
land
“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
On any application to the Court under subsection (1), the
Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the building or other improvements comprised in any unit or on the land or any part thereof, shall have the right to appear and be heard.
unit
“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;
Terms defined in s 2
administrator
Defined · s 2“administrator” means an administrator appointed by the Court under section 69;
building
Defined · s 2“building” means any completed building which complies with approvals granted by the relevant authority;
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Land, being the officer appointed as the head of the Land Department and includes any person for the time being lawfully exercising his powers;
land
Defined · s 2“land” includes land of any tenure, any building or parts thereof, the air space above the surface, the surface of the land and such of the subsoil as is occupied by any buildings and related structures, but excludes the right to all minerals and mineral products including oil and gas;
proprietor
Defined · s 2“proprietor”, in relation to any unit, means the person for the time being registered as proprietor of the stratum estate in the unit, provided that in sections 37, 38 and 49, where a person is in actual occupation of a unit under a binding agreement for sale and purchase, unless the context otherwise requires, the term
strata plan
Defined · s 2“strata plan” means a plan that has been or is intended to be certified under section 9;
supplementary record sheet
Defined · s 2“supplementary record sheet”, in relation to any strata plan and strata corporation, means the supplementary record sheet set up and filed in the Land Office under section 25 in relation to that strata plan and strata corporation;
unit
Defined · s 2“unit”, in relation to any land, means a part of the land consisting of a space of any shape situated on or above the surface of the land, or below the surface of the land to the extent that any buildings or related structures occupy the subsoil, or partly in one such situation and partly in another or others, all the dimensions of which are limited, and that is designed for separate ownership;