52Amendment with approval of Court

#### 52 Amendment with approval of Court 52 Amendment with approval of Court > > (1) A developer may apply to the Land and Environment Court for an order approving an amendment of a development contract if the approval by the relevant association is not given under this Part because— > > > > > (a) a motion for giving the approval has been defeated, or > > > > > (b) the notice relating the motion has been given but a meeting to consider the motion has not been held within a reasonable time after the giving of the notice. > > > (2) A copy of the application must be served by the developer on— > > > > > (a) the planning authority, and > > > > > (b) the association and any subsidiary body, and > > > > > (c) each person other than the developer who is the owner of a development lot or neighbourhood lot in the scheme or any subsidiary scheme, and > > > > > (d) each registered mortgagee, chargee and covenant chargee of a development lot or neighbourhood lot in the scheme or any subsidiary scheme. > > > (3) Each person or body served with a copy of the application is entitled to appear and be heard at the hearing of the application. > > > (4) The Land and Environment Court may— > > > > > (a) approve the amendment, or > > > > > (b) approve a different amendment, or > > > > > (c) refuse to approve the amendment.