29Remedies for breach of restrictions

29 Remedies for breach of restrictions

29 Remedies for breach of restrictions

(1) An association for a scheme may recover from the original owner under the scheme—

(a) as a debt—any liability incurred by the association because of a breach of this Division, or

(b) as damages for breach of statutory duty—any loss suffered by the association as a result of a breach of this Division.

(2) A member of an association for a scheme other than the original owner under the scheme may recover from the original owner as damages for breach of statutory duty any loss suffered by the member because of a breach of this Division.

(3) It is a defence to an action under this section for debt or damages if it is proved that the original owner—

(a) did not know of the breach on which the action is based, or

(b) was not in a position to influence the conduct of the association in relation to the breach, or

(c) used due diligence to try to prevent the breach.

(4) A remedy available under this section does not affect any other remedy.