New South Wales Consolidated Acts

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MOORE-STREET IMPROVEMENT ACT OF 1890 - SECT 15

Jury to determine absolutely the amount of compensation

15 Jury to determine absolutely the amount of compensation

In every action of compensation the jury or Judge shall determine the amount of compensation to which the claimant is entitled, and without being bound in any way by the amount of the valuation notified to such claimant. If the verdict be for a sum equal to or less than the amount of such valuation, the costs of the action shall be borne by the claimant, but if for a greater sum than the amount of such valuation, the costs shall be borne by the Council. The Judge before whom an action of compensation shall be tried shall in no case have power to direct a reference of the claim to arbitration. Provided always that if either party be dissatisfied with the verdict it shall be open to such party to move for a new trial, in accordance with the practice of the Supreme Court.



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