New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 132

132 Court proceedings for the recovery of compensation

(1) Proceedings before a court for the payment of compensation are to be taken against the Registrar-General as nominal defendant.

(2) Any such court proceedings may only be commenced--

(a) if administrative proceedings have been commenced and determined in relation to the compensable loss, or

(b) by leave of the court or with the consent of the Registrar-General.

(2A) Court proceedings commenced in accordance with subsection (2) (a) must be commenced within 3 months of the date on which the administrative proceedings have been determined in relation to the compensable loss.

(3) Court proceedings may be commenced at any time during the period of 3 months referred to in subsection (2A) despite any provision of the Limitation Act 1969 to the contrary.

(4) In any court proceedings, the Registrar-General is not bound by any prejudicial act or omission by any party to the proceedings, such as--

(a) entering into, or offering to enter into, a compromise, or

(b) granting, or offering to grant, a release or waiver.

(5) If court proceedings are commenced following administrative proceedings that have been determined by the offer of compensation and the compensation awarded by the court (less any interest awarded in relation to the period after the date of the offer) is less than the compensation offered by the determination--

(a) the claimant's costs in the court proceedings are not payable by the Registrar-General, and

(b) the Registrar-General's costs are payable by the claimant,

unless the court orders otherwise.

(6) If court proceedings are commenced following the refusal of a claim in accordance with section 131 (8A)--

(a) the claimant's costs in the court proceedings are not payable by the Registrar-General, and

(b) the Registrar-General's costs are payable by the claimant, and

(c) the claimant is not entitled to any interest in respect of the amount of compensation claimed from the date of the notice referred to in section 131 (8A),

unless the court orders otherwise.

(7) If court proceedings are commenced with the leave of the court or the consent of the Registrar-General under subsection (2), the claimant must co-operate fully with the Registrar-General for the purpose of ensuring that the Registrar-General has sufficient information to be able--

(a) to assess the validity of the claim, and

(b) to assess the claimant's compensable loss, and

(c) to make an informed offer of compensation.

(8) If a claimant fails to comply with subsection (7)--

(a) the claimant's costs in the court proceedings are not payable by the Registrar-General, and

(b) the Registrar-General's costs are payable by the claimant, and

(c) where the Registrar-General has requested information in accordance with subsection (7) in writing--the claimant is not entitled to any interest on the claim from the date of that notice,

unless the court orders otherwise.