Page:Land Titles Ordinance (Cap. 585).pdf/120

(5) The Court of First Instance may, if it is satisfied that exceptional circumstances exist, grant an extension of time under subsection (2) notwithstanding that the applicant has not complied with subsection (3) or that the extension would extend the validity of registration of the caution against conversion beyond the date referred to in subsection (4).

(6) Where before the expiration of the validity of the registration of a caution against conversion under this section, a lis pendens relating to the claim which is the subject of the caution against conversion has been registered by the cautioner against land against which the caution against conversion is registered, then, subject to section 21K, the validity of the registration of the caution against conversion shall not expire under this section until the registration of the lis pendens has been vacated or discharged.

(7) The Land Registrar shall not—

(a) register more than one caution against conversion in respect of the same claim made by the same person; or

(b) again register a caution against conversion the registration of which—

(i) has previously expired; or

(ii) has been withdrawn or removed under section 21K.

21K. Withdrawal and removal of caution against conversion

(1) A caution against conversion may be withdrawn on the presentation to the Land Registrar by the cautioner of an application in the specified form for the withdrawal of the caution.

(2) A caution against conversion may be removed on the presentation to the Land Registrar of an application in the specified form for the removal of the caution—

(a) in any case, by a person who has obtained an order of the Court of First Instance for its removal;

(b) by the owner of the land affected by the caution but only if the Land Registrar—

(i) is satisfied that the owner has provided a copy of the application to the cautioner not less than 14 days before the presentation of the application to the Land Registrar; and

(ii) is satisfied—

(A) that the caution was wrongfully registered;

(B) that the ground on which the caution was registered no longer exists; or

(C) that the cautioner consents to the removal of the caution.

(3) The Land Registrar may require the owner of land presenting an application for the removal of a caution against conversion under subsection (2)(b) to support the application by such evidence as the Land Registrar requires.

(4) A person with an interest in land affected by the caution against conversion may apply by originating summons to the Court of First Instance for the removal of the caution against conversion and the Court of First Instance may make such order on the originating summons and as to costs as to the Court of First Instance appears just.

(5) On the withdrawal or removal of a caution against conversion—

(a) the Land Registrar shall cause an entry to be made in the register kept under this Ordinance in respect of the land against which the caution against conversion was registered, giving notice of the withdrawal or removal of the caution against conversion; and

(b) any liability of the cautioner previously incurred under section 21L shall not be affected by the entry made under paragraph (a).

21L. Wrongful caution against conversion

(1) A person who applies to the Land Registrar to register a caution against conversion without reasonable cause shall be liable, in an action for damages at the suit of—

(a) the owner of land concerned; or

(b) any other person who has an interest in the land,

to pay compensation to the owner or other person for any damage sustained thereby, in such amount as to the Court of First Instance appears just.