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s 12

Power to rehear matters

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Part 2Land Court
Division 2General powers

12 Power to rehear matters

(1)

A party to a proceeding who is dissatisfied with the Land Court’s decision may apply to the court for leave to have the matter reheard.

Note—For the power of the Land Court to rehear matters decided by a judicial registrar, see section 31.

(2)

The application must be made within 42 days after the order containing the decision is made, unless a longer period is allowed by the court.

(3)

The Land Court must not grant leave for the matter to be reheard unless satisfied the decision is based wholly or partly on a mistake of fact.

(4)

If the application is granted, the matter must be reheard, if practicable, by the member who gave the decision on which the rehearing is sought.

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