New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 182

182 Decision of court

(1) The court must make an order giving effect to the strata renewal plan if satisfied of the following matters--

(a) the relationship, if any, between the owners of lots and the purchaser or a developer has not prevented the plan being prepared in good faith,

(b) the steps taken in preparing the plan and obtaining the required level of support were carried out in accordance with this Act,

(c) all notices required to be served under sections 179 and 181 have been served,

(d) if the plan is for a collective sale--the proposed distribution of the proceeds of sale apportioned to each lot is not less than the compensation value of the lot and the terms of the settlement under the plan are just and equitable in all the circumstances,

(e) if the plan is for a redevelopment--the amount to be paid to a dissenting owner is not less than whichever of the following is greater--

(i) the compensation value of the owner's lot,

(ii) an amount equal to the total consideration that would accrue to the dissenting owner under the plan in relation to the redevelopment and the owner's lot if that owner had given a support notice for the plan,

(f) if the plan is for a redevelopment--the terms of the settlement under the plan, as those terms apply to any dissenting owner, are just and equitable in all the circumstances,

(g) any other matter prescribed by the regulations.

(2) The court may, on its own initiative, vary the strata renewal plan and make an order giving effect to the varied plan if satisfied of the matters referred to in subsection (1).

(3) However, the court cannot vary a strata renewal plan under subsection (2) unless--

(a) the variation is of a minor nature that does not affect the plan in any substantial way, and

(b) written agreement to the variation has been given by the owner of each lot in relation to which a support notice for the plan has been given.

(4) The court must not make an order giving effect to the strata renewal plan if the court is not satisfied about the matters referred to in subsection (1).

(4A) The court may be satisfied of the matters referred to in subsection (1)(b) and (c) despite a defect or irregularity if the court is satisfied that the defect or irregularity has not caused and is not likely to cause substantial injustice.

(4B) In considering an objection to the application for the order, the court must consider whether the person who filed the objection did not file the objection in good faith, including because of a conflict of interest.

(5) The court must give written reasons for its decision to make, or not to make, an order.

(6) This section applies subject to section 181 (5).