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LAND TITLE ACT 1994 - SECT 130
Compensation for improper caveat
130 Compensation for improper caveat
(1) The caveator under a caveat lodged or continued without reasonable cause
must compensate anyone else who suffers loss or damage as a result.
(2) In a
proceeding for compensation under subsection (1) , a court of competent
jurisdiction may include in a judgment for compensation a component for
exemplary damages.
(3) In a proceeding for compensation under subsection (1)
, it must be presumed that the caveat was lodged or continued without
reasonable cause unless the caveator proves that it was lodged or continued
with reasonable cause.
(4) Subsection (1) does not apply to the registrar in
relation to a caveat prepared and registered under section 17 .
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