Damage by surveyors and assistants—compensation
48 Damage by surveyors and assistants—compensation
Compensation mentioned in section 47 (5) may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.
A court may order the payment of reasonable compensation for the damage only if satisfied it is just to make the order in the circumstances of the particular case.
A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.
The amount of compensation that a person is ordered to pay that is reasonably and necessarily caused in carrying out the survey is an amount owing to the person by the person for whom the survey is being, or was, carried out.
An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Division 4.3 Offences
This Act’s bill:Explanatory statementSecond reading speech
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