TRANSFER OF LAND ACT 1893 - SECT 138C

TRANSFER OF LAND ACT 1893 - SECT 138C

138C .         Supreme Court’s powers on application by caveator

        (1)         A caveator who is served with a notice under section 138B(1) may apply to the Supreme Court, in accordance with rules of the court, for an order extending the operation of the caveat.

        (2)         On the hearing of an application under subsection (1), the Supreme Court —

            (a)         if satisfied that the caveator’s claim has or may have substance —

                  (i)         may make an order extending the operation of the caveat for such period as is specified in the order; or

                  (ii)         may make an order extending the operation of the caveat until the further order of the court; or

                  (iii)         may make such other orders as it thinks fit concerning the caveat or the land in respect of which the caveat was lodged;

                and

            (b)         if not satisfied that the caveator’s claim has or may have substance, shall dismiss the application; and

            (c)         may make such ancillary orders in relation to the application as it thinks fit.

        (3)         An interim order under this section may be made ex parte unless the court orders otherwise.

        (4)         The applicant shall ensure that the Registrar is served with a copy of each order made by the court on an application under subsection (1).

        [Section 138C inserted: No. 81 of 1996 s. 84.]