Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 130

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 .