76Hearing of application

76 Hearing of application

76 Hearing of application

(1) The Supreme Court, when deciding an application under this Division, must—

(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 entitlement, 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 any orders the Court considers to be appropriate, just and equitable in the circumstances.

(2) The Supreme Court may order a whole parcel to be resumed or a scheme to be terminated if it appears to the Supreme Court that the effect of a resumption of land would cause the continuation of the scheme to be impracticable.

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