Acts and Regulations

Rule-42 - CERTIFICATE OF PENDING LITIGATION

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Current to 1 January 2024
PRESERVATION OF RIGHTS
PENDING LITIGATION
RULE 42
CERTIFICATE OF PENDING LITIGATION
85-5
42.01When Issued
A Certificate of Pending Litigation (Form 42A) may be issued in any proceeding in which any title to, or interest in, land is brought in question.
42.02Where Issued Without Notice
Where, in an originating process or pleading, there is included a claim for a certificate of pending litigation and a description, sufficient for registration, of the land in question, the clerk shall, on the request of any party, issue such certificate without notice or order.
94-24
42.03Where Motion to be Made on Notice
Where an originating process does not include a claim for a certificate of pending litigation or a description, sufficient for registration, of the lands in question, any party may apply to the court for an order that the clerk issue such certificate; and the notice of motion shall contain a description, sufficient for registration, of the lands in question.
42.04Revocation or Amendment of Certificate
The Court
(a) on motion by any person claiming title to or an interest in the lands in question, and
(b) on such terms as may be just,
may order the clerk to issue a certificate (Form 42B) revoking or amending the certificate of pending litigation.
42.05Certificate of Discontinuance or Certificate of Disposition
92-107
Where a certificate of pending litigation has been registered, the clerk may, upon application supported by an affidavit, issue
(a) a Certificate of Discontinuance (Form 42C) certifying that the proceeding has been discontinued, or
(b) a Certificate of Disposition (Form 42D) certifying that, in so far as the land affected by the proceeding is concerned, the proceeding has been disposed of by a judgment in such a manner that a party’s title to or interest in the land is not adversely affected and no appeal from the judgment has been taken within the time limited for so doing.
92-3; 92-107