Circuit Court Rules

ORDER 46A

LAND AND CONVEYANCING LAW REFORM ACT, 2009

1. In this Order:

‘the Act’ means the Land and Conveyancing Law Reform Act, 2009 and any reference in this Order to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act.

[SI 155/10]

2. (1) Proceedings for the following reliefs under the Act shall be commenced by Equity Civil Bill in accordance with Order 46:

(a) an order to resolve a dispute mentioned in section 22;

(b) an order to approve an arrangement specified in an application under section 24;

(c) an order under section 31;

(d) an order under section 50(1);

(e) an order under section 68.

(2) The following proceedings under the Act may be commenced by Ordinary Civil Bill in accordance with Order 1, rule 2:

(a) an action for damages in accordance with section 18(6);

(b) an action in which an order is sought under section 35(2);

(c) an action for damages in accordance with section 60(2);

(d) an application for damages in accordance with section 84(8);

(e) proceedings in which a remedy in damages is sought in accordance with section 105(2).

(3) Applications for the following reliefs under the Act shall be brought by motion on notice in the proceedings before the court to which the application relates, grounded upon an affidavit sworn by or on behalf of the moving party:

(a) an order under section 98, where the court is already seised of an application or proceedings relating to the mortgaged property;

(b) an order under section 112(3)(d) in an action relating to the mortgaged land.

[SI 155/10]

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