Compensation payable in certain cases
9 Compensation payable in certain cases
Any person who, without reasonable cause—
lodges a caveat with the Minister under this Schedule, or
procures the lapsing of a registered caveat, or
being the caveator, refuses or fails to withdraw a caveat after being requested to do so,
is liable to pay to any person who sustains pecuniary loss that is attributable to that act, refusal or failure compensation with respect to that loss.
The compensation is recoverable in proceedings in a court of competent jurisdiction by the person who claims to have sustained the loss.
A caveator is not entitled to bring proceedings under subclause (1) (b) if the caveator, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.
This Act’s bill:Explanatory memorandumSecond reading speech
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