Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
  Version 2 of 2    

123. Court order to vacate lis pendens.

Subject to section 124, a court may make an order to vacate a lis pendens on application by -

(a) the person on whose application it was registered, or

(b) any person affected by it, on notice to the person on whose application it was registered -

(i) where the action to which it relates has been discontinued or determined, or

(ii) where the court is satisfied that there has been an unreasonable delay in prosecuting the action or the action is not being prosecuted bona fide.

Comparing proposed amendment...