Victorian Current Acts Victorian Current Acts(1) A party to an agreement has the same remedies and rights of action for breach of the agreement as the party would have for breach of contract, and as well as the other damages which it may award, a court may award punitive damages for breach of an agreement.
(2) Damages must not be awarded against the land owner for breach of the agreement unless the breach arose from an intentional or reckless act or omission on the part of the land owner.
(3) In assessing damages for breach of an agreement by the land owner, a court must have regard to—
(a) any detriment to the public interest resulting from the breach; and
(b) any financial or other benefit that the owner sought to gain by committing the breach; and
(c) any other matter it considers relevant.
(4) A court may order a land owner to restore the land to its prior condition or to a condition as close as possible to the prior condition, in addition to any other order which it may make in proceedings for breach of the agreement.
S. 78 amended by No. 76/1998 s. 3(1)(t).