(1)  Subject to subsection (6) , if the Recorder –

(a) refuses to do an act which the Recorder is required or empowered to do under this or any other Act; or

(b) gives a direction or makes an order upon the Recorder’s own motion or upon an application while exercising the Recorder’s powers under this or any other Act –

a person who believes that person to be aggrieved by the refusal, direction, or order may require the Recorder to state in writing the grounds for the Recorder’s refusal, direction, or order notwithstanding that the Recorder has acted under a discretionary power.

(1A)  A requirement under subsection (1) must be lodged with the Recorder within 90 days after the relevant refusal, direction or order is given by the Recorder, or such longer period as the Recorder allows.

(2)  A person referred to in subsection (1) may proceed against the Recorder by summons in the Supreme Court requiring the Recorder to justify the Recorder’s refusal, direction, or order, and the Court may make such order as it thinks fit.

(3)  All expenses attendant upon any proceedings under this section shall be borne and paid by the person referred to in subsection (2) , unless the Supreme Court certifies that there were no probable grounds for the refusal, direction, or order referred to in subsection (1) .

(4)  On being served with a summons referred to in subsection (2) , the Recorder shall, if the land to which the Recorder’s refusal, direction, or order relates –

(a) is registered land, record notice of the summons on the relevant folio of the Register; or

(b) is not registered land, register the summons in the Registry of Deeds.

(5)  When the Supreme Court makes an order pursuant to a summons under this section, the Recorder shall cancel the recording of the summons or register the order in the Registry of Deeds, as the case may require.

(6)  This section does not apply where the Recorder has acted pursuant to another Act that provides for an appeal to the Supreme Court.