South Australian Current Acts South Australian Current Acts38—Certain by-laws may be struck out by Court
(a)
reduces the value of a lot; or
(b)
unfairly discriminates against the owner of a lot,
may be struck out by order of the Magistrates Court or the District Court on
an application made under Part 14.
(2) An application
referred to in subsection (1) can only be made by a person who was an
owner of the lot when the by-law came into force and must be made within
3 months after the person (or either or any of the owners where the lot
is owned by 2 or more persons) first knew, or could reasonably be
expected to have known, that the by-law had been made.
(3) For the purposes
of this section, a reference to an
"owner" of a lot includes a person who has contracted to purchase the lot.