s. 26R (3) On the lodgment of a caveat under this section, the Registrar— (a) must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the warning is to be removed, of the caveat; and (b) must not proceed with the creation of the folio or the removal of the warning until— (i) the caveat has been withdrawn or has lapsed; or (ii) a judgment or order in the matter has S. 26R(3)(b)(ii) amended by been obtained from a court. No. 80/2009 s. 10(1). (4) The person notified under subsection (3)(a) may S. 26R(4) amended by summon the caveator to attend before a court to No. 80/2009 show cause why the caveat should not be s. 10(1). removed. (5) The court may make any order in the matter either S. 26R(5) amended by ex parte or otherwise and as to costs as the court No. 80/2009 thinks fit. s. 10(2). (6) A caveat under this section is deemed to lapse after the expiration of 30 days from the lodgment of the caveat unless the caveator has within that time— (a) given notice in writing to the Registrar that S. 26R(6)(a) substituted by proceedings in a court to substantiate the No. 80/2009 claim of the caveator in relation to the land s. 10(3)(a). and the estate or interest therein in respect of which the application is made are on foot; or (b) obtained and served on the Registrar an S. 26R(6)(b) amended by injunction or order of a court restraining the No. 80/2009 Registrar from creating the folio or removing s. 10(3)(b). the warning.
(3) On the lodgment of a caveat under this section, the Registrar— (a) must notify the person who is to be the registered proprietor of the folio which is to be created or the registered proprietor of the folio from which the warning is to be removed, of the caveat; and (b) must not proceed with the creation of the folio or the removal of the warning until— (i) the caveat has been withdrawn or has lapsed; or S. 26R(3)(b)(ii) amended by No. 80/2009 s. 10(1). (ii) a judgment or order in the matter has been obtained from a court. S. 26R(4) amended by No. 80/2009 s. 10(1). (4) The person notified under subsection (3)(a) may summon the caveator to attend before a court to show cause why the caveat should not be removed. S. 26R(5) amended by No. 80/2009 s. 10(2). (5) The court may make any order in the matter either ex parte or otherwise and as to costs as the court thinks fit. (6) A caveat under this section is deemed to lapse after the expiration of 30 days from the lodgment of the caveat unless the caveator has within that time— s. 26R S. 26R(6)(a) substituted by No. 80/2009 s. 10(3)(a). (a) given notice in writing to the Registrar that proceedings in a court to substantiate the claim of the caveator in relation to the land and the estate or interest therein in respect of which the application is made are on foot; or S. 26R(6)(b) amended by No. 80/2009 s. 10(3)(b). (b) obtained and served on the Registrar an injunction or order of a court restraining the Registrar from creating the folio or removing the warning.
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