New South Wales Consolidated Acts

STRATA SCHEMES (FREEHOLD DEVELOPMENT) ACT 1973 - SECT 28K

28K Approval of amendments by Land and Environment Court

(1) An amendment of a strata development contract is not required to be supported by a resolution of a body corporate if the amendment is approved by the Land and Environment Court.

(2) Such an approval may be given only if the Court is satisfied:

(a) that a motion supporting the amendment has been defeated, or

(b) that the notice of intention to move such a motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice, or

(c) that the consent to the amendment of a mortgagee, chargee or covenant chargee or of a lessee has been sought but has been refused.

(3) An application for such an approval must be served on:

(a) the consent authority, and

(b) the body corporate, and

(c) each person (other than the applicant) who is the proprietor of a development lot, and

(d) each registered or enrolled mortgagee, chargee, covenant chargee and lessee of a lot in the strata scheme concerned.

(4) Each person entitled to be served with notice of the application is entitled to appear and be heard in proceedings relating to the application.