New South Wales Consolidated Acts

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

28QA Order for extension or conclusion of development scheme

(1) On application made to it by any person bound by a strata development contract, the Land and Environment Court may, by its order, do either or both of the following:

(a) defer (either generally or to a specified time) the time at which a development scheme would otherwise be concluded,

(b) fix a time for the conclusion of a development scheme, whether it is an earlier or a later time than it would otherwise be.

(2) Notice of such an application is to be served, in accordance with rules of court, on:

(a) the developer concerned, and

(b) each proprietor, and each registered or enrolled mortgagee, chargee, covenant chargee and lessee, of a lot, and

(c) the body corporate, and

(d) the consent authority (if any) that granted the relevant development consent, and

(e) the Registrar-General, and

(f) such other persons (if any) as the Land and Environment Court may direct.

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

(4) An order under this section may:

(a) contain such provisions relating to the strata scheme as are, in the opinion of the Land and Environment Court, necessary because of the conclusion of the development scheme, and

(b) require the payment of money to or by the body corporate or the proprietors of lots to any one or more of them in addition to, or instead of, any award of damages in the exercise of the jurisdiction conferred by section 20 (2) (d) of the Land and Environment Court Act 1979 , and

(c) contain such other provisions and make such other requirements as, in the opinion of the Land and Environment Court, are just and equitable in the circumstances of the case.

(5) The Land and Environment Court may, from time to time, vary an order under this section on the application of any person entitled to apply for such an order.