Queensland Consolidated Acts

MIXED USE DEVELOPMENT ACT 1993 - SECT 109

(1) An application to extinguish a plan may be made to the Supreme Court by—

(a) the relevant body corporate; or

(b) a proprietor of a lot; or

(c) a registered mortgagee of a lot.

(2) In considering an application to extinguish a plan, the Supreme Court must have regard to the rights and interests of the proprietors as a whole.

(3) If the Supreme Court makes an order extinguishing a plan, it must also order—

(a) that the relevant body corporate be wound up; and

(b) that—

(i) the land comprised in the extinguished plan; and

(ii) any property of the body corporate;

be vested in the proprietors of the lots in the shares that the Supreme Court considers appropriate.