Australian Capital Territory Current Acts

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Special case

    (1)     Where a caveat against an application to bring land under this Act has been lodged by a caveator claiming the land or a portion thereof or an interest therein adversely to the applicant, the applicant may state a case for the opinion and direction of the court upon the matter, and the caveator may under section 32 apply for an injunction until the further order of the court, and the court may direct the caveator to lodge in the court, on or before a certain day, a case on his or her own behalf, stating whether he or she claims in his or her own right or under another person, together with such other particulars (if any) as the court thinks fit to order.

    (2)     The court shall thereupon direct issues to be tried as to any facts, or, should no fact be in contest, may decide the matter upon the case stated, and, for those purposes, may make all such orders as the court thinks fit.

    (3)     The decision of the court finally upon the matter shall be conclusive on the parties and on the registrar-general.

    (4)     The costs of every proceeding under this section shall be borne by the party finally unsuccessful.

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