s. 116A (4) The Supreme Court or the County Court may S. 116(4) make such order as to the costs and expenses of amended by Nos 9861 and attendant upon such summons or proceeding s. 3(1), as it deems just; and all costs and expenses to be 31/1994 s. 3(Sch. 1 paid by the Registrar under such order shall be item 59.2), paid from the moneys available for the purpose. 80/2009 s. 65(3). 116A Application to Court for order requiring production S. 116A inserted by of document No. 9324 s. 15. (1) The Registrar may apply to a court by summons S. 116A(1) amended by or, in the case of land or any instrument or dealing Nos 18/1989 with respect to land which is the subject of an s. 12(Sch. 1 item 181), order by VCAT, to VCAT, for an order directing a 71/2005 person to produce a certificate of title or document s. 7(3)(a), substituted by if— No. 80/2009 s. 66(1). (a) the Registrar has made a request under section 104(3) for the production of a certificate of title or document; and (b) the person of whom the request was made has failed to comply with the request. (1A) An interested person may apply to the court by S. 116A(1A) inserted by summons or, in the case of land or any instrument No. 80/2009 or dealing with respect to land which is the subject s. 66(1). of an order by VCAT, to VCAT, for an order directing another person to produce a certificate of title or document for the reasons stated in the application. (2) The court or VCAT, as the case requires, may— S. 116A(2) amended by Nos 71/2005 (a) if the person of whom the requisition was s. 7(3)(b), made appears—examine him upon oath and 80/2009 s. 66(2). receive other evidence; or (b) if he does not appear after being duly served with the summons—receive evidence in his absence.
S. 116(4) amended by Nos 9861 s. 3(1), 31/1994 s. 3(Sch. 1 item 59.2), 80/2009 s. 65(3). (4) The Supreme Court or the County Court may make such order as to the costs and expenses of and attendant upon such summons or proceeding as it deems just; and all costs and expenses to be paid by the Registrar under such order shall be paid from the moneys available for the purpose. S. 116A inserted by No. 9324 s. 15. 116A Application to Court for order requiring production of document s. 116A S. 116A(1) amended by Nos 18/1989 s. 12(Sch. 1 item 181), 71/2005 s. 7(3)(a), substituted by No. 80/2009 s. 66(1). (1) The Registrar may apply to a court by summons or, in the case of land or any instrument or dealing with respect to land which is the subject of an order by VCAT, to VCAT, for an order directing a person to produce a certificate of title or document if— (a) the Registrar has made a request under section 104(3) for the production of a certificate of title or document; and (b) the person of whom the request was made has failed to comply with the request. S. 116A(1A) inserted by No. 80/2009 s. 66(1). (1A) An interested person may apply to the court by summons or, in the case of land or any instrument or dealing with respect to land which is the subject of an order by VCAT, to VCAT, for an order directing another person to produce a certificate of title or document for the reasons stated in the application. S. 116A(2) amended by Nos 71/2005 s. 7(3)(b), 80/2009 s. 66(2). (2) The court or VCAT, as the case requires, may— (a) if the person of whom the requisition was made appears—examine him upon oath and receive other evidence; or (b) if he does not appear after being duly served with the summons—receive evidence in his absence.