New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 92

92 Order for extension or conclusion of development scheme

(1) On application made to it by any person bound by a strata development contract, the court may, by 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) The applicant for the order must serve notice of the application, in accordance with rules of court, on all of the following--

(a) the developer,

(b) each owner of a lot in the strata scheme, other than the developer,

(c) each registered mortgagee, chargee, covenant chargee and lessee of a lot in the scheme,

(d) if the strata scheme is a leasehold strata scheme--the lessor (unless the lessor is the developer),

(e) the owners corporation,

(f) the planning authority,

(g) the Registrar-General,

(h) any other person directed by the court.

(3) Each person entitled to be served with notice of the application may appear and be heard on the hearing of the application.

(4) An order under this section may--

(a) contain provisions relating to the strata scheme that the court considers necessary because of the conclusion of the development scheme, and

(b) require the payment of an amount to or by the owners corporation or the owners of lots to any one or more of them in addition to, or instead of, an 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 other provisions and requirements the court considers just and equitable.

(5) The court may, from time to time, vary an order under this section on the application of any person entitled to apply for an order. This section applies to an application for a variation of an order in the same way as it applies to an application for an order.