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.