Determination of compensation
165R Determination of compensation
The amount of compensation payable under section 165J(5)(b) or section 165M(4)(b) is to be determined – if the amount is a small claim for the purposes of the Magistrates Court (Small Claims Division) Act 1989, by the small claims division of the Magistrates Court; or in any other case, as if it were a disputed claim for compensation under the Land Acquisition Act 1993.
In determining the amount of compensation payable under section 165J(5)(b) or section 165M(4)(b), the court must have regard to any benefits accruing to a relevant person from the action which is the subject of the determination and reduce the amount of the compensation payable accordingly.
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