Section 60
Section 60
(1)
Where any building or other improvement comprised in any unit or on any land to which a strata plan relates is damaged or destroyed but the strata plan is not cancelled, the Court may on the application of the
Commissioner, strata corporation, an administrator, the proprietor or one of the proprietors of a unit or a registered chargee of a unit, by order settle a scheme including any one or more of the following provision —
(a)
for the reinstatement in whole or in part of such building or other improvement;
(b)
for the transfer of units to the proprietors of the other units so as to form part of the common property;
(c)
for all necessary consequential matters.
(2)
A notice of any application made under subsection (1) shall be served on the Commissioner, if the Commissioner is not the applicant, who shall thereupon enter on the supplementary record sheet a notification that application has been so made.
(3)
On any application to the Court under subsection (1), the
Commissioner, any person having or claiming to have any estate or interest in any unit or in the land or in any part of the land and any insurer who has effected insurance on the buildings or other improvements comprised in any unit or in the land or any part thereof, shall have the right to appear and be heard.
(4)
In the exercise of its powers under subsection (1), the Court may make such order as it considers expedient or necessary for giving effect to the scheme, including —
(a)
directing the application of any insurance money;
(b)
directing payment of money by or to the strata corporation or any person;
(c)
directing the preparation of an appropriate new strata plan;
(d)
making an order of the kind referred to in subsection (10); or
(e)
imposing such terms and conditions as it thinks fit.
Land Code (Strata)
(5)
The Court may cancel, vary, modify or discharge any order made by it under this section.
(6)
On any application under this section the Court may make such order for payment of costs as it thinks fit.
(7)
Where the Court directs under subsection (4) that a new strata plan be prepared, it shall be approved by the Surveyor General under the same number as the existing plan and shall show the effect of the transfer of unit to the satisfaction of the Surveyor General and shall have endorsed on it a full amended schedule of unit entitlement prepared in accordance with subsection (8).
(8)
For the purposes of subsection (7), the unit entitlements of all remaining units to which the new strata plan relates shall be reassessed by a recognised valuer who shall, subject to the payment to the recognised valuer of such fee as he may fix, assign to every such unit a new unit entitlement to be fixed by him on the basis of the relative value of the unit in relation to each other unit at the date on which the re-assessment is made.
(9)
On the certification of a strata plan to which subsection (7)
applies by the Commissioner and the registration of the necessary transfer of the unit which are intended to become part of the common property, the
Commissioner shall —
(a)
cancel the subsidiary strata titles to the units affected by an order made under paragraph (b) of subsection (1) and for that purpose the outstanding copies of the titles shall be surrendered to the
Commissioner; and
(b)
enter on the new unit plan and supplementary record sheet an appropriate memorial relating to the transfer.
(10)
Every transfer of a unit or units to give effect to an order made under paragraph (b) of subsection (1) shall be in favour of the body corporate and shall be executed in such manner and in such form as the Court determines.
Court can hear applications together.