South Australian Current Acts

REAL PROPERTY ACT 1886 - SECT 154I

154I—Civil liability

        (1)         If—

            (a)         a person (the "defendant") lodges a priority notice in the Lands Titles Registration Office; and

            (b)         another person (the "plaintiff") suffers loss or damage as a consequence of the notice having been lodged; and

            (c)         the defendant—

                  (i)         was not entitled to lodge the notice; or

                  (ii)         unreasonably refused or failed to withdraw the notice,

the defendant is liable to compensate the plaintiff for the loss or damage.

        (2)         The Court may, in proceedings under this section, require the defendant to pay an amount, determined by the Court, in the nature of exemplary damages.

        (3)         The defendant in proceedings under this section bears the onus of proving that he or she was entitled to lodge the priority notice or that he or she did not unreasonably refuse or fail to withdraw the notice.