Order 93A - Applications under the Land and Conveyancing Law Reform Act 2009 : S.I. No. 162 of 2010
“1. In this Order,
the “Act” means the Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009);
“adjoining”, “adjoining owner”, “building owner”, “party structure” and “works” each has the meaning provided for each in section 43 of the Act.
2. (1) An application to the Court for an order under section 44(4)(a)(i) of the Act by an adjoining owner for an order requiring damage to be made good shall be preceded by the issue and service by the applicant of a copy of a notice of application in the Form 93A.1, Schedule C on the building owner concerned.
(2) An application to the Court for an order under section 45(1) of the Act by a building owner for a works order shall be preceded by the issue and service by the applicant of a copy of a notice of application in the Form 93A.2, Schedule C on the adjoining owner concerned.
(3) An application to the Court under section 47 of the Act by a person affected by a works order for an order discharging or modifying a works order shall be preceded by the issue and service by the applicant of a copy of a notice of application in the Form 93A.3, Schedule C on the building owner and every adjoining owner concerned.
(4) The copy of the notice of application referred to in this Order shall be served not later than four days before the date fixed for hearing the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. An order made on such application shall be in the Form 93A.4, 93A.5 or 93A.6, Schedule C as appropriate, and the applicant shall cause a copy of the said order to be served upon the building owner and every adjoining owner concerned, and on any other person whom the Court directs should be served with a copy of the order.
(5) Every application mentioned in this rule may be brought, heard and determined at any sitting of the court for the court area wherein the party structure to which the application relates is situated.
3. Proceedings in the Court under section 44(4)(a)(ii) or under section 44(4)(b) may be commenced by civil summons in accordance with Order 39.
4. An application to the Court for an order under section 98(2) of the Act authorising a mortgagee to take possession of property may be brought, heard and determined at any sitting of the court for the court area wherein the mortgaged property to which the application relates is situated. Such an application shall be preceded by the issue and service by the applicant on the mortgagor concerned of a copy of a notice of application in the Form 93A.7, Schedule C, which notice shall state whether any court is already seised of an application or proceedings relating to the mortgaged property. Without prejudice to the power of the Court to make an order for substituted service or to substitute notice for service, the Court may deem it sufficient service, if the mortgagor is untraceable, if a copy of the notice is affixed to, or posted at, the entrance of the property concerned. An order made on such application shall be in the Form 93A.8, and the applicant shall cause a copy of the said order to be served as directed by the Court.”
The Forms numbered 93A.1 to 93A.8 inclusive in Schedule 1 shall be added to the Forms in Schedule C of the District Court Rules 1997 (S.I. No. 93 of 1997).