(1) Where part of the
land in a parcel in a survey-strata scheme is taken, the District Court may,
on an application by the strata company or by a proprietor or a registered
mortgagee of a lot within the scheme, make an order for or with respect to the
variation of the existing scheme or the substitution for the existing scheme
of a new scheme.
(2) Without limiting
the generality of subsection (1), an order made under that subsection may
include such directions for or with respect to any one or more of the
following matters as the District Court considers necessary or
substitution for the existing schedule of unit entitlement of a new schedule
of unit entitlement; and
payment of moneys to or by the strata company or any one or more of the
amendment of the registered survey-strata plan, in such manner as the District
Court thinks fit, so as to include any addition to the common property; and
matter in respect of which it is, in the opinion of the District Court, just
and equitable in the circumstances of the case to make provision in the order;
imposition of such terms and conditions as the District Court thinks fit.
(3) The District Court
may from time to time amend any order made under this section.
(4) Where the District
Court is of the opinion that an order should not be made under this
may, upon application made by any person entitled to appear and be heard on
the hearing of the application made under subsection (1) or of its own
motion, direct that the application be treated as an application for an order
under section 31; and
where it makes such a direction —
the application the subject of the direction shall be
deemed to be made under section 31 by a person entitled to make the
the applicant under subsection (1), as well as any
other person entitled to appear and be heard under section 31, is
entitled to appear and be heard on the hearing of the application.
(5) On any application
under this section, the District Court may make such order for the payment of
costs as it thinks fit.
[Section 29A inserted: No. 58 of 1995
s. 32; amended: No. 74 of 2003 s. 112(6).]