Western Australian Current Acts

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10 .         Proceedings on failure to carry out agreement or order

        (1)         Where the owner giving and the owner receiving a notice given pursuant to section 8 agree as to the construction of the fence to which the notice relates, or where, in default of such agreement, an order of the court is made pursuant to section 9, and in either case either of those owners fails within the time named in the agreement or order, or, if no time is named, within 3 months after the date of the agreement or order, to perform his part of the agreement or to comply with the order, then the other of those owners may construct the whole fence as agreed upon or determined by the order.

        (2)         The owner who constructs the fence pursuant to subsection (1) may recover from the owner in default half the cost thereof.

        [Section 10 amended: No. 59 of 2004 s. 141.]

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