Adjudication of certain disputes relating to conveyancing money
73E.—(1) The Minister may make rules to establish a Scheme for the adjudication of relevant disputes.
[17/2011]
(2) Without prejudice to the generality of subsection (1), the rules made under this section may —
(a)
specify the types of disputes (being disputes relating to the receipt, holding and distribution of conveyancing money under the relevant rules) which will constitute relevant disputes;
(b)
prescribe the procedure for the adjudication, under the Scheme, of any relevant dispute;
(c)
provide for the appointment of an administrator for the Scheme;
(d)
provide for the appointment of adjudicators for the Scheme;
(e)
provide for the powers of an adjudicator, including —
(i)
the power to determine any relevant dispute that is submitted for adjudication under the Scheme;
(ii)
the power to order any party to a relevant dispute submitted for adjudication under the Scheme to do one or more of the following:
(A)
to comply with any requirement under the relevant rules;
(B)
to pay such compensation (including interest for the late completion of a conveyancing transaction) as the adjudicator may determine for any loss caused, by reason of that party’s failure to comply with any requirement under the relevant rules, to any other party to that dispute;
(C)
to pay such costs as the adjudicator may determine to any other party to that dispute; and
(iii)
if the adjudicator is of the opinion that any dispute submitted for adjudication under the Scheme is not a relevant dispute, or that any issue raised during the adjudication of a relevant dispute falls outside the purview of the Scheme, the power to do either or both of the following:
(A)
to determine that the Scheme does not apply to that dispute or issue;
(B)
to order the party submitting that dispute or raising that issue to pay such costs as the adjudicator may determine to any other party to that dispute;
(f)
provide for an adjudicator’s determination of a relevant dispute submitted for adjudication under the Scheme, and every order made by the adjudicator in relation to that dispute, to be binding on the parties to that dispute, and on any person claiming through or under any such party, unless the determination or order is set aside or varied by the court;
(g)
provide for the enforcement of any determination or order of an adjudicator referred to in paragraph (e), including the recovery of any compensation or costs ordered by the adjudicator as a debt;
(h)
empower any individual appointed for this purpose by the administrator of the Scheme, or by the persons in whom the management of the administrator is vested, to countersign, on behalf of any party to a relevant dispute, any document which that party has failed to countersign after being ordered to do so by an adjudicator;
(i)
provide for an adjudicator to be protected from liability for any thing done or omitted to be done by him for the purposes of an adjudication under the Scheme, if —
(i)
the thing was done or omitted in good faith; and
(ii)
the thing done or omission did not involve any fraud or wilful misconduct on his part;
(j)
provide for the administrator of the Scheme, the persons in whom the management of the administrator is vested, and any appointed individual referred to in paragraph (h) to be protected from liability for any thing done or omitted to be done by all or any of them for the purposes of the Scheme, if —
(i)
the thing was done or omitted in good faith; and
(ii)
the thing done or omission did not involve any fraud or wilful misconduct on the part of all or any of them; and
(k)
provide for the payment of such deposits, expenses, fees and charges for the Scheme (including any deposits, expenses, fees and charges payable to an adjudicator) as may be prescribed.
[17/2011]
(3) Notwithstanding subsections (1) and (2) and the rules made under this section, any party to a relevant dispute may apply to the court to determine that dispute —
(a)
at any time before that dispute is submitted for adjudication under the Scheme; or
(b)
if that dispute has been submitted for adjudication under that Scheme, at any time before an adjudicator has determined that dispute or made any order referred to in subsection (2)(e) in relation to that dispute.
[17/2011]
(4) Where an adjudicator has determined any relevant dispute submitted for adjudication under the Scheme or made any order in relation to that dispute, any party to that dispute who is dissatisfied with the determination or order may apply to the court, within such period as may be prescribed by the rules made under this section, to set aside or vary the determination or order.
[17/2011]
(5) An application under subsection (3) or (4) shall be —
(a)
made by originating summons; and
(b)
served on every party to the relevant dispute other than the applicant.
[17/2011]
(6) Where any proceedings in an application under subsection (3) or (4) cause any delay in the completion of any conveyancing transaction, the court hearing the application may extend the time for the completion of that conveyancing transaction and make such other order as the court considers necessary or appropriate.
[17/2011]
(7) In this section —
“adjudicator” means an adjudicator appointed for the Scheme;
“relevant rules” means the rules made under section 73D;
“Scheme” means the Scheme established by the rules made under this section.
[17/2011]
Informal Consolidation | Amended Act 25 of 2021
Adjudication of certain disputes relating to conveyancing money
73E.—(1) The Minister may make rules to establish a Scheme for the adjudication of relevant disputes.
[17/2011]
(2) Without prejudice to the generality of subsection (1), the rules made under this section may —
(a)
specify the types of disputes (being disputes relating to the receipt, holding and distribution of conveyancing money under the relevant rules) which will constitute relevant disputes;
(b)
prescribe the procedure for the adjudication, under the Scheme, of any relevant dispute;
(c)
provide for the appointment of an administrator for the Scheme;
(d)
provide for the appointment of adjudicators for the Scheme;
(e)
provide for the powers of an adjudicator, including —
(i)
the power to determine any relevant dispute that is submitted for adjudication under the Scheme;
(ii)
the power to order any party to a relevant dispute submitted for adjudication under the Scheme to do one or more of the following:
(A)
to comply with any requirement under the relevant rules;
(B)
to pay such compensation (including interest for the late completion of a conveyancing transaction) as the adjudicator may determine for any loss caused, by reason of that party’s failure to comply with any requirement under the relevant rules, to any other party to that dispute;
(C)
to pay such costs as the adjudicator may determine to any other party to that dispute; and
(iii)
if the adjudicator is of the opinion that any dispute submitted for adjudication under the Scheme is not a relevant dispute, or that any issue raised during the adjudication of a relevant dispute falls outside the purview of the Scheme, the power to do either or both of the following:
(A)
to determine that the Scheme does not apply to that dispute or issue;
(B)
to order the party submitting that dispute or raising that issue to pay such costs as the adjudicator may determine to any other party to that dispute;
(f)
provide for an adjudicator’s determination of a relevant dispute submitted for adjudication under the Scheme, and every order made by the adjudicator in relation to that dispute, to be binding on the parties to that dispute, and on any person claiming through or under any such party, unless the determination or order is set aside or varied by the court;
(g)
provide for the enforcement of any determination or order of an adjudicator referred to in paragraph (e), including the recovery of any compensation or costs ordered by the adjudicator as a debt;
(h)
empower any individual appointed for this purpose by the administrator of the Scheme, or by the persons in whom the management of the administrator is vested, to countersign, on behalf of any party to a relevant dispute, any document which that party has failed to countersign after being ordered to do so by an adjudicator;
(i)
provide for an adjudicator to be protected from liability for any thing done or omitted to be done by him for the purposes of an adjudication under the Scheme, if —
(i)
the thing was done or omitted in good faith; and
(ii)
the thing done or omission did not involve any fraud or wilful misconduct on his part;
(j)
provide for the administrator of the Scheme, the persons in whom the management of the administrator is vested, and any appointed individual referred to in paragraph (h) to be protected from liability for any thing done or omitted to be done by all or any of them for the purposes of the Scheme, if —
(i)
the thing was done or omitted in good faith; and
(ii)
the thing done or omission did not involve any fraud or wilful misconduct on the part of all or any of them; and
(k)
provide for the payment of such deposits, expenses, fees and charges for the Scheme (including any deposits, expenses, fees and charges payable to an adjudicator) as may be prescribed.
[17/2011]
(3) Notwithstanding subsections (1) and (2) and the rules made under this section, any party to a relevant dispute may apply to the court to determine that dispute —
(a)
at any time before that dispute is submitted for adjudication under the Scheme; or
(b)
if that dispute has been submitted for adjudication under that Scheme, at any time before an adjudicator has determined that dispute or made any order referred to in subsection (2)(e) in relation to that dispute.
[17/2011]
(4) Where an adjudicator has determined any relevant dispute submitted for adjudication under the Scheme or made any order in relation to that dispute, any party to that dispute who is dissatisfied with the determination or order may apply to the court, within such period as may be prescribed by the rules made under this section, to set aside or vary the determination or order.
[17/2011]
(5) An application under subsection (3) or (4) shall be —
(a)
made by originating application; and
[Act 25 of 2021 wef 01/04/2022]
(b)
served on every party to the relevant dispute other than the applicant.
[17/2011]
(6) Where any proceedings in an application under subsection (3) or (4) cause any delay in the completion of any conveyancing transaction, the court hearing the application may extend the time for the completion of that conveyancing transaction and make such other order as the court considers necessary or appropriate.
[17/2011]
(7) In this section —
“adjudicator” means an adjudicator appointed for the Scheme;
“relevant rules” means the rules made under section 73D;
“Scheme” means the Scheme established by the rules made under this section.