Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
95. (1) Subject to this section, the administrator of a corporation shall perform the duties, and may exercise the powers and perform the functions, of the corporation to the exclusion of the corporation and its committee.
(2) Except with the approval of the Court, the administrator of a corporation shall not do any act that is required by this Act to be authorised by a unanimous resolution.
(3) On application made to the Court by the administrator of a corporation or a person referred to in subsection 92 (1), the Court may give such directions as it thinks fit with regard to the manner in which the administrator shall perform his or her duties and functions and exercise his or her powers.
96. (1) An administrator may, by writing under his or her hand, delegate to any person, either generally or otherwise as provided by the instrument of delegation, all or any of his or her duties, functions and powers, except this power of delegation.
(2) A duty so delegated shall be performed, and a function or power so delegated may be performed or exercised, by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the performance of a duty or function, or the exercise of a power, by the administrator.
97. (1) A corporation, the administrator of a corporation or all or any of the members of a corporation may apply to the Court for an order for the cancellation of the units plan.
(2) A copy of an application under this section shall be served on the Registrar.
(3) On an application made under subsection (2), the Court may make a provisional order, or a final order, for the cancellation of the units plan or may make an order dismissing the application.
(4) The Court shall not make an order for the cancellation of a units plan unless it is satisfied that, having regard to the rights and interests of all persons having estates or interests (whether registered or not) in the leases of the units, it is just and equitable to do so.
(5) If the Court considers, on an application for an order under this section, that it is necessary to impose conditions, and give directions, to be complied with before the making of a final order for the cancellation of the units plan for the purpose of protecting the interests of the Territory or Commonwealth or for the purpose of adjusting, as between all persons having registered estates or interests in the leases of the units, the respective rights and duties of those persons so far as they may be affected by the cancellation of the units plan, the Court shall make a provisional order for the cancellation of the units plan specifying the conditions and directions to be complied with before the making of a final order.
(6) The Court may, if satisfied, on an application made for the purpose, that the conditions and directions specified in the provisional order have been complied with, make a final order for the cancellation of the units plan.
(7) A final order may include directions to be complied with after the cancellation of the units plan and, in such a case, the order may be enforced as it were a judgment of the Court obtained by a person for whose benefit the directions were given against the person required to comply with the directions.
(8) For the purposes of paragraph 98 (1A) (c), a final order may include a declaration of provisions which are to govern the relevant new lease under subsection 98 (1A) where, on an application made for the purpose, having regard to the rights and interests of all persons having estates or interests (whether registered or not) in the leases of the units, the Court is satisfied that it is just and equitable to do so in order to take account of any variation of such a lease made or applied for since it was granted.
98. (1) On the registration of an order for the cancellation of a units plan—
(a) the corporation is dissolved;
(b) the lease of the common property and the lease of each of the units are determined;
(c) the land comprised in those leases forms 1 parcel of land; and
(d) there is deemed to be a new lease over that parcel as referred to in subsection (1A).
(1A) The new lease—
(a) is held by—
(i) the proprietors of the units immediately before registration of the order as tenants in common in undivided shares proportional to their former unit entitlement; or
(ii) if there was a single proprietor of all the units immediately before the registration of the order—by that proprietor;
(b) expires on the day on which each of the leases of the units, and the lease of the common property, would have expired if it were not for the cancellation of the units plan; and
(c) is otherwise governed by the provisions to which the initial lease was subject immediately before the registration of the units plan, subject to any declaration of the Court under subsection 97 (8).
(2) For the purposes of paragraph (1A) (a), if, immediately before the registration of the order, 2 or more persons were proprietors, as joint tenants or as tenants in common, of a unit, 2 or more units or all the units, then, the share in the estate, or the whole estate, as the case may be, vested by virtue of that paragraph in those persons is vested in them jointly if they were joint tenants or, if they were tenants in common, is vested in them as tenants in common in the same shares as they held in the unit or units.
(5) The share in the estate, or the estate, as the case may be, of which a person becomes possessed by virtue of paragraph (1A) (a) is subject to any mortgage and any easement referred to in section 13 of the Land Titles (Unit Titles) Act 1970 .
(6) In this section—
99. (1) On the dissolution of a corporation under section 98—
(a) all rights, whether at law or in equity, vested in the corporation immediately before the dissolution are vested jointly in the persons who were, immediately before the dissolution, the members of the corporation;
(b) subject to subsection (2), the persons who, immediately before the dissolution, were the members of the corporation are jointly and severally liable for all the liabilities of the corporation subsisting immediately before the dissolution; and
(c) for the purposes of paragraphs (a) and (b), a reference in an instrument to the corporation shall be read as a reference to those persons.
(2) On an application made to the Court before the order for the cancellation of the units plan is made, the Court may, if it considers, in the circumstances of the case, that it is just and equitable to do so, by order vary the operation of paragraph (1) (a) or (b) in such manner as the Court thinks fit.
100. (1) Where—
(a) after the registration of a units plan, a building or other improvement on the parcel is damaged or destroyed;
(b) an order for the cancellation of the units plan has not been made under this Part; and
(c) an application for such an order is not pending,
an application may be made to the Court for an order approving a scheme that makes provision for the reinstatement of the building or other improvement, or, in a case where a unit has been damaged or destroyed, for the elimination of that unit and for any consequential alteration of the units plan.
(2) An application under this section may be made by the corporation, by a majority of the members of the corporation jointly or, if an administrator of the corporation has been appointed, by the administrator.
(3) A copy of an application under this section for the approval of a scheme providing for the elimination of a unit shall be served on the Registrar.
(4) A scheme submitted for the approval of the Court shall include provisions showing—
(a) the proposed reinstatement or elimination;
(b) the manner in which it is proposed to apply insurance moneys paid or payable in respect of the damage or destruction;
(c) the compensation or other moneys to be paid to the proprietor of a unit and any other person who may be adversely affected by the scheme; and
(d) where the scheme provides for the elimination of a unit, the manner in which it is proposed that the units plan be altered, including any necessary alteration of the schedule of unit entitlement, to enable effect to be given to the scheme.
(5) The Court may, on the hearing of an application under this section, make an order approving the scheme if it is satisfied that it is just and equitable to do so and may, in the order, give such directions as it thinks are necessary or expedient to enable effect to be given to the scheme.