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LAND TITLE ACT 1994 - SECT 146
Compensation for improper priority notice
(1) This section applies if, without reasonable cause— (a) a priority notice
is deposited or extended; or
(b) a priority notice is not withdrawn after it
is no longer needed to prevent the registration of an instrument.
(2) The
person for whom the priority notice was deposited must compensate another
person who suffers loss or damage because of the deposit or extension of the
notice, or the failure to withdraw the notice.
(3) In a proceeding for
compensation under subsection (2) — (a) the Supreme Court may include a
component for exemplary damages in a judgment for compensation; and
(b) proof
there was reasonable cause to deposit or extend the priority notice, or not to
withdraw the notice after it was no longer needed to prevent the registration
of an instrument, rests on the person for whom the notice was deposited.
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