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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 300
Appointment of administrator for enforceable money orders
300 Appointment of administrator for enforceable money orders
(1) This section applies if the enforcement debtor for an enforceable money
order is the body corporate for a community titles scheme.
(2) A court in
which the enforceable money order may be enforced may, on application by the
enforcement creditor, by order, appoint an administrator and authorise the
administrator to perform the body corporate’s obligations under the money
order.
(3) If an application for subsection (2) is made in a court (the
"officiating court" ) that is not the court by which the money order was made,
the officiating court may appoint an administrator if— (a) for an
officiating court that is the Supreme Court—the money order has been filed
in the officiating court; or
(b) for an officiating court that is the
District Court or Magistrates Court—unless the officiating court otherwise
orders, the money order has been filed in the officiating court for the
district— (i) in which scheme land is located; or
(ii) closest to the court
that made the money order.
(4) If a court appoints an administrator to
perform obligations of the body corporate, anything done by the administrator
under the authority given on the appointment for the money order is taken to
have been done by the body corporate.
(5) In this section—
"enforcement creditor" and
"enforcement debtor" see the Uniform Civil Procedure Rules 1999 , section 793
.
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