On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 02/07/2010.
5. Section 84D of the principal Act is amended —
(a)
by deleting the words “to a Board” in subsection (2);
(b)
by inserting, immediately after subsection (2), the following subsections:
“(2A) An application under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies —
(a)
must be made to a Board in the first instance; and
(b)
may be made to the High Court thereafter if, and only if, a section 84D stop order is issued by the Board under subsection (4A)(b) with respect to the application to that Board in respect of the same sale.
(2B) An application to the High Court under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies must be made within a period of 14 days after a section 84D stop order is issued by a Board under subsection (4A)(b) in relation to the same sale.”;
(c)
by deleting subsection (3) and substituting the following subsections:
“(3) In the case of an application to a Board under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies, each of the following persons may file an objection to the sale, stating the grounds for the objection, within a period of 21 days after the date of the notice served pursuant to paragraph 1(e) of the First Schedule or such longer period as the Board allows in exceptional circumstances, whether before or after the end of the 21 days:
(a)
a proprietor of any flat in the development who has not agreed in writing to the sale; and
(b)
a mortgagee, chargee or other person (other than a lessee) with an estate or interest in the flat and whose interest is notified on the land-register for that flat.
(3A) Where a section 84D stop order is issued under subsection (4A)(b) in respect of an application to a Board under subsection (2) for an order for the sale of all the flats and the land in a development to which this section applies, and an application is made to the High Court under subsection (2) for an order for the same sale of all the flats and the land in the same development, any person referred to in subsection (3)(a) or (b) who filed an objection to the Board (but no others) may re-file his objection to the sale, stating the same grounds of objection, to the High Court in the manner and within the time delimited by the Rules of Court.”;
(d)
by inserting, immediately after the words “an application has been made” in subsection (4), the words “to a Board”;
(e)
by inserting, immediately after subsection (4), the following subsections:
“(4A) Where an application is made under subsection (2) to a Board, and one or more objections have been filed under subsection (3) in relation to that application —
(a)
the Board shall mediate matters that are in dispute between the objectors and the applicants to achieve a resolution of the dispute; and
(b)
if —
(i)
at the end of a period of 60 days starting from the first day set aside for mediation; or
(ii)
mediation has proceeded as far as it reasonably can in an attempt to achieve a resolution of the dispute but has nevertheless failed to resolve the dispute,
whichever first occurs, one or more of those objections are not withdrawn, the Board shall, subject to subsection (4B), order a discontinuance of all proceedings before it in connection with that application (referred to in this section as a section 84D stop order).
(4B) No section 84D stop order shall be made by a Board under subsection (4A)(b) with respect to an application made to it under subsection (2) unless —
(a)
the Board has, by notice served on every objector who filed an objection under subsection (3) in relation to that application and the authorised representatives of the applicants, informed the objector and authorised representatives of its intention to make a section 84D stop order; and
(b)
at the end of a period of 7 days after the notice under paragraph (a) is so served, one or more of those objections so filed are not withdrawn.”;
(f)
by deleting subsection (5) and substituting the following subsection:
“(5) Where one or more objections have been filed under subsection (3A) in respect of an application to the High Court under subsection (2), the High Court shall, subject to subsection (7), approve the application and order that the flats and the land in the development be sold unless, having regard to the objections, the High Court is satisfied that —
(a)
any objector, being a proprietor, will incur a financial loss; or
(b)
the proceeds of sale for any flat to be received by any objector, being a proprietor, mortgagee or chargee, are insufficient to redeem any mortgage or charge in respect of the flat.”;
(g)
by deleting the words “the Board” wherever they appear in subsections (5A), (5B) and (6)(a) and substituting in each case the words “the High Court”;
(h)
by deleting the words “subsection (3)” in subsection (5A) and substituting the words “subsection (3A)”;
(i)
by deleting the words “The Board” in subsection (7) and substituting the words “The High Court or a Board”;
(j)
by deleting the words “the Board” in subsection (7)(a) and substituting the words “the High Court or Board, as the case may be,”;
(k)
by deleting the words “the Board” in subsection (7)(b) and substituting the words “the High Court”;
(l)
by deleting subsection (8) and substituting the following subsection:
(m)
by inserting, immediately after the words “Sections 84A(1A), (2), (3), (5),” in subsection (9), the word “(5A),”.