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](/view/html/inforce/current/act-1979-203) 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](/view/html/inforce/current/act-1979-204)— > > > > > (a) instead of making a restraining order under section 9.46 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), 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](/view/html/inforce/current/act-1979-204) 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](/view/html/inforce/current/act-1979-203) 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.