Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 91

Costs

91. Costs



(1) In any proceedings under this Part, the Tribunal or the Court (as the case
requires) may award such costs as it thinks proper but in making an order for
costs must, if the Tribunal or Court considers it appropriate to do so, take
into consideration-

   (a)  the amount of compensation awarded by the Tribunal or Court as
        compared with the amount (if any) offered by the Authority; and

   (b)  the extent to which, in the opinion of the Tribunal or Court, the
        proceedings have arisen from, or been affected by-

   (i)  unreasonable conduct on the part of the claimant or the Authority; or

   (ii) the failure of the claimant to give adequate particulars of the claim
        or supply supporting material when required to do so; or

   (iii) an excessive claim by the claimant; or

   (iv) an unduly depressed offer by the Authority; and

   (c)  any other matters which under this Act are to be taken into account in
        determining the allocation of costs.

(2) The Court may make an order with respect to the assessment of costs in the
same manner as it may in respect of any other matter before the Court.



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(4) All costs payable to the Authority may be set off by it against any
compensation awarded or costs payable to the claimant.

(5) All costs payable to the claimant may be recovered by the claimant from
the Authority in the same manner as the compensation awarded.



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