New South Wales Consolidated Acts

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Compensation payable in certain cases

74P Compensation payable in certain cases

(1) Any person who, without reasonable cause:
(a) lodges a caveat with the Registrar-General under a provision of this Part,
(b) procures the lapsing of such a caveat, or
(c) being the caveator, refuses or fails to withdraw such a caveat after being requested to do so,
is liable to pay to any person who sustains pecuniary loss that is attributable to an act, refusal or failure referred to in paragraph (a), (b) or (c) compensation with respect to that loss.
(2) Compensation referred to in subsection (1) is recoverable in proceedings taken in a court of competent jurisdiction by the person who claims to have sustained the pecuniary loss.
(3) A person who is a caveator is not entitled to bring proceedings under subsection (1) (b) if that person, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.

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