44Variation of scheme by the Supreme Court

### 44 Variation of scheme by the Supreme Court > > (1)  The Supreme Court may, on application by an interested person, make an order for variation of a staged development scheme if satisfied that it is impossible or impracticable to complete the scheme as proposed in the master plan. > > > (2)  Each of the following is an interested person: > > > > > > (a) the developer; > > > > > > > (b) each owner and each prospective owner of a lot; > > > > > > > (c) the Recorder; > > > > > > > (d) any other person who has, in the opinion of the Supreme Court, a proper interest in the matter. > > > (3)  The applicant must give notice of an application under this section to all other interested persons. > > > (4)  A person entitled to notice under this section may appear and be heard in the proceedings. > > > (5)  The Supreme Court may make an order – > > > > > > (a) deferring the time for completion of a particular stage or stages of the scheme; or > > > > > > > (b) changing the order in which the various stages of the scheme are to be completed; or > > > > > > > (c) varying the scheme in other ways to ensure (as far as practicable) its successful completion. > > > (6)  An order under this section may also – > > > > > > (a) provide for the payment of compensation in addition to, or instead of, damages or compensation to which a person would be otherwise entitled; and > > > > > > > (b) vary rights and obligations arising under this Act in relation to the scheme; and > > > > > > > (c) make any other provision the Supreme Court considers just and equitable. > > > (7)  The Supreme Court may, on application by an interested person, vary or revoke an order under this section. > > > (8)  A copy of an order under this section (including an order varying or revoking an earlier order) must be served on the Recorder. > > > (9)  The Recorder must register the order and on registration it becomes part of the scheme.