Section 59
Section 59
(1)
Where the Court has made a declaration authorising the cancellation of a strata plan and all conditions and directions imposed or given by the Court have been complied with, any applicant for the declaration or his successor in title may, within 6 months after the date of the declaration, apply to the Commissioner for cancellation of the strata plan and the Commissioner shall cancel the plan accordingly.
(2)
Every such application to the Commissioner for cancellation of a strata plan under subsection (1), shall be in Form 8 set out in the First
Schedule and shall be accompanied by or have lodged in support thereof —
(a)
the outstanding subsidiary strata title for every unit;
(b)
the outstanding copy, if any, of every registered charge, lease, sublease or easement relating to any unit or to any part of the common property; and
Land Code (Strata)
(c)
a copy of every declaration or order made by the Court under sections 57 and 58 in relation to the strata corporation or strata plan, unless the Court otherwise directs or the Commissioner dispenses with the production of any such outstanding subsidiary strata title or copy of any instrument.
(3)
Where —
(a)
the Court makes a declaration under subsection (1) of section 57 and any person having custody or control of any outstanding subsidiary strata title or copy of an instrument required for the purposes of an application for cancellation of a strata plan refuses or neglects to produce it for those purposes;
(b)
production of any such outstanding subsidiary strata title or copy of an instrument cannot be obtained because the person last known to have custody or control thereof is dead or is out of Brunei
Darussalam or cannot be found;
(c)
for any other reason it is impracticable to obtain production of any such outstanding subsidiary strata title or copy of an instrument, the Court, on the application of any interested person, may in any appropriate case, order upon such terms and conditions as it thinks fit, production thereof to the Commissioner by the person so refusing or neglecting, or may in its discretion order the Commissioner to dispense with production.
(4)
The following provisions of sections 54, 55 and 56 shall apply when an application is made to the Commissioner under this section —
(a)
subsection (3) of section 54, except to the extent that the
Court otherwise directs, either on that application or on any subsequent application;
(b)
subsection (1) of section 55;
(c)
subsection (1) of section 56, unless the Court otherwise directs;
(d)
subsections (2) and (3) of section 56.
Land Code (Strata)
B.L.R.O. 2/2000 45
Settlement of scheme following damage or destruction.