(1) This section applies if—
(3) If, on an application made by the lessor under subsection (2)(b), the High Court makes a declaration authorising the cancellation of the unit plan, then, if all conditions and directions imposed or given by the High Court have been complied with,—
(4) No application may be made under subsection (2)(a) or (b) in respect of a failure described in subsection (1)(b) unless—
(5) If the lessor is applying to the High Court under subsection (2)(b) for the cancellation of the unit plan, the body corporate, and any subsidiary body corporate located below it in a layered unit title development, may apply to the High Court for relief.
(6) If the body corporate applies for relief under subsection (5), the High Court, having regard to the conduct of the parties and to all the circumstances of the case, may grant or refuse relief, as it thinks fit.
(7) If the High Court grants relief it may grant it on such terms (if any) as to costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the High Court in the circumstances of each case thinks fit.
Compare: 1972 No 15 s 28