Land And Conveyancing Law Reform Act 2009

123.

Court order to vacate lis pendens.

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

[LPA 1867, s. 2]

( 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.