New South Wales Consolidated Acts

STRATA SCHEMES (LEASEHOLD DEVELOPMENT) ACT 1986 - SECT 80A

80A Termination of leasehold strata scheme and leases by Registrar-General

(1973 Act, s 51)

(1) On receiving an application under this section, the Registrar-General may:

(a) make an order terminating a leasehold strata scheme, or

(b) refuse to terminate a scheme.

A refusal by the Registrar-General to terminate a leasehold strata scheme does not preclude an application to the Supreme Court under section 80 for termination of the scheme.

(2) An application must relate to a parcel that is not subject to a strata development contract.

(3) Except where the Registrar-General agrees otherwise, the application must be signed by:

(a) the lessor under the scheme, and

(b) each registered lessee and sublessee of a lot under the scheme, and

(c) each registered mortgagee, chargee and covenant chargee of a lot or of a registered lease or sublease of a lot or of the common property (if any) under the scheme.

(4) The application must bear the consent of the consent authority (if any) for subdivision of the land to which it relates.

(5) Details of the proposed termination, and a statement of intention to make the application, must, except where the Registrar-General otherwise agrees, be published at least 14 days before the application is made:

(a) in a daily newspaper circulating generally in Sydney, and

(b) in a local newspaper circulating generally in the area in which the parcel is situated, and

(c) in the Gazette.

(6) The application must be accompanied by:

(a) the certificates of title for all the leases of lots in the scheme, the registered leases of those lots and the lease of the common property (if any), except where the Registrar-General agrees otherwise, and

(b) such other documents, consents and evidence as the Registrar-General may require, and

(c) if the Registrar-General so requires, a plan for the parcel acceptable for registration as a deposited plan and signed or consented to as required by Division 3 of Part 23 of the Conveyancing Act 1919 .

(7) An order terminating a leasehold strata scheme takes effect on being recorded by the Registrar-General in the folio for the land comprising the parcel.

(8) When an order terminating a leasehold strata scheme takes effect:

(a) the body corporate is dissolved and the leasehold strata scheme is terminated, and

(b) the former leases of each former lot and the former lease of the common property (if any) are determined, and

(c) the persons who, immediately before the order took effect, were lessees or sublessees of the lots the subject of the leasehold strata scheme cease to be lessees or sublessees of the lots subject to that scheme, and

(d) the former lessees of the lots are liable for the liabilities of the body corporate in shares proportional to the unit entitlements of their former lots, and

(e) any legal proceedings begun by or against the body corporate may be completed by or against the former lessees, and

(f) the assets of the former body corporate immediately before the order took effect vest in the former lessor under the scheme or, if the application so provides, in the former lessees as tenants in common in shares proportional to the unit entitlements of their former lots (or in such of the former lessees or such other proportions as may be set out in the application), and

(g) the land that comprises the former parcel is vested in the former lessor under the scheme freed and discharged from any mortgage or charge registered, immediately before termination of the scheme, in the folio for a lease of a lot or the common property (if any) under the former scheme.

(9) On recording an order terminating a leasehold strata scheme, the Registrar-General:

(a) is to cancel the folios for the leases and any subleases of lots and the lease of the common property (if any) in the former parcel, and

(b) may make such other recordings in the Register as the Registrar-General considers appropriate to give effect to the termination and its consequences.