Rule 125 – Procedure on appearance by cautioner to a warning notice

 (1) A cautioner or his/her personal representative may appear before the Authority or deliver a statement in writing at the Registry, at any time within the time stated in the warning notice, for the purpose of obtaining a stay on registration of the dealing referred to in the notice or, where the warning is sent on the application of the registered owner, for the purpose of obtaining the continuation of the caution. 

(2) The applicant shall state the grounds on which registration of the dealing should be stayed or the caution should be continued, as, for instance, that the dealing, if registered, would defeat or postpone the prior unregistered right of the cautioner which he/she was proceeding to enforce, or, where the warning notice is sent on an application by the registered owner, that proceedings are pending, or are about to be taken, to enforce the right protected by the caution. 

(3) Where it deems it necessary or expedient, the Authority may appoint a day and time for the parties to attend before it for the determination of the terms and conditions on which registration of a dealing shall be stayed or the caution continued or cancelled. 

(4) The Authority may make such ruling on the application as it may think just, as for instance, that registration under the dealing be stayed for a specified period or that registration under the dealing be made and the caution continued or, where the warning notice was sent on an application by the registered owner, that the caution be continued either indefinitely or for a specified period or that its entry be cancelled.