New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 106

106 Land and Environment Court may vary etc certain contracts

(1) A person affected by a direction under this Division may make an application to the Land and Environment Court for an order under this section.

(2) The Land and Environment Court may, on hearing the application, make an order under this section if satisfied--

(a) that the applicant is a party to a contract relating to the premises, work or structure the subject of the direction, and

(b) that, because of the operation of the direction, the performance of the contract has or is likely to become impossible or, so far as the applicant is concerned, has become inequitable or unduly onerous.

(3) An order under this section may do any one or more of the following--

(a) it may cancel or suspend the operation of the contract,

(b) it may vary the terms of the contract,

(c) it may direct the repayment of all or part of any money paid under the contract.

(4) The decision of the Land and Environment Court on any application under this section is final.