54Orders of the Court for breach

54 Orders of the Court for breach

54 Orders of the Court for breach

(1) This section applies to proceedings brought in the Land and Environment Court.

(2) If proceedings are brought by an association, or a member of an association, under section 9.45 of the Environmental Planning and Assessment Act 1979 for a breach of a condition of a planning approval constituted by a breach of a development contract, the Court may make an award of damages under section 20(2)(d) of the Land and Environment Court Act 1979—

(a) instead of making a restraining order under section 9.46 of the Environmental Planning and Assessment Act 1979, or

(b) instead of, or in addition to, making an order under that section other than a restraining order.

(3) If proceedings are brought under section 20(2)(d) of the Land and Environment Court Act 1979 for a breach of the agreement implied by section 49 in relation to a development contract—

(a) the Court may make an order under section 9.46 of the Environmental Planning and Assessment Act 1979 instead of, or in addition to, making an award of damages, or

(b) the Court may order specific performance of the development contract instead of making an award of damages.