New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 29

29 Remedies for breach of restrictions

(1) An association for a scheme may recover from the original owner under the scheme--

(a) as a debt--any liability incurred by the association because of a breach of this Division, or

(b) as damages for breach of statutory duty--any loss suffered by the association as a result of a breach of this Division.

(2) A member of an association for a scheme other than the original owner under the scheme may recover from the original owner as damages for breach of statutory duty any loss suffered by the member because of a breach of this Division.

(3) It is a defence to an action under this section for debt or damages if it is proved that the original owner--

(a) did not know of the breach on which the action is based, or

(b) was not in a position to influence the conduct of the association in relation to the breach, or

(c) used due diligence to try to prevent the breach.

(4) A remedy available under this section does not affect any other remedy.