New South Wales Consolidated Acts

COMMUNITY LAND DEVELOPMENT ACT 1989 - SECT 62

62 Notice of application to the Supreme Court

(1) The persons entitled to be served with notice of an application under this Part to the Supreme Court in relation to a scheme are--

(a) except to the extent, if any, that the Supreme Court otherwise directs--each registered proprietor, and each registered mortgagee, chargee and covenant chargee of a lot within the scheme, and

(b) if the scheme is a community scheme--the community association and the subsidiary bodies within the scheme, and

(c) if the scheme is a neighbourhood scheme that is not part of a community scheme--the neighbourhood association, and

(d) if the land resumed is part of a lot or common property and is to be excluded from the related scheme--the consent authority, and

(e) the Registrar-General, and

(f) such other persons as the Supreme Court may direct.

(2) A person entitled to be served with notice of an application is entitled to be heard on the application whether or not served with the notice.

(3) If an application to the Supreme Court is made under this Part, the Court is to--

(a) disregard any failure by the resuming authority to comply strictly with the requirements of this Part and of any regulations made for the purposes of this Part, and

(b) consider whether any amendment is required to a schedule of unit entitlements, development contract or management statement, and

(c) consider whether any contribution should be made by the resuming authority for the period following publication of the notice of resumption, and

(d) make such orders as appear to the Court to be just and equitable in the circumstances.

(4) If it appears to the Supreme Court that the effect of a resumption of land in a community parcel, precinct parcel or strata parcel would be such that continuation of the scheme would be impracticable, the Court may--

(a) order that the whole parcel be resumed or the scheme terminated, and

(b) make such other orders as appear to the Court to be just and equitable in the circumstances.

(5) Nothing in this Part authorises the Supreme Court to modify or nullify the effect of a notice of resumption in relation to the land resumed.