• Specific Year
    Any

PROPERTY LAW ACT 1958 - SECT 233 Orders as to compensation and accounting

PROPERTY LAW ACT 1958 - SECT 233

Orders as to compensation and accounting

    (1)     In any proceeding under this Division, VCAT may order—

        (a)     that compensation or reimbursement be paid or made by a co‑owner to another co‑owner or other co‑owners;

        (b)     that one or more co-owners account to the other co-owners in accordance with section 28A;

        (c)     that an adjustment be made to a co‑owner's interest in the land or goods to take account of amounts payable by co‑owners to each other during the period of the co-ownership.

    (2)     In determining whether to make an order under subsection (1), VCAT must take into account the following—

        (a)     any amount that a co-owner has reasonably spent in improving the land or goods;

        (b)     any costs reasonably incurred by a co‑owner in the maintenance or insurance of the land or goods;

        (c)     the payment by a co-owner of more than that co-owner's proportionate share of rates (in the case of land), mortgage repayments, purchase money, instalments or other outgoings in respect of that land or goods for which all the co-owners are liable;

        (d)     damage caused by the unreasonable use of the land or goods by a co-owner;

        (e)     in the case of land, whether or not a co‑owner who has occupied the land should pay an amount equivalent to rent to a co‑owner who did not occupy the land;

        (f)     in the case of goods, whether or not a co‑owner who has used the goods should pay an amount equivalent to rent to a co‑owner who did not use the goods.

    (3)     VCAT must not make an order requiring a co‑owner who has occupied the land to pay an amount equivalent to rent to a co-owner who did not occupy the land unless—

        (a)     the co-owner who has occupied the land is seeking compensation, reimbursement or an accounting for money expended by the co‑owner who has occupied the land in relation to the land; or

        (b)     the co-owner claiming an amount equivalent to rent has been excluded from occupation of the land; or

        (c)     the co-owner claiming an amount equivalent to rent has suffered a detriment because it was not practicable for that co-owner to occupy the land with the other co-owner.

    (4)     VCAT must not make an order requiring a co‑owner who has used goods to pay an amount equivalent to rent to a co-owner who did not use the goods unless—

        (a)     the co-owner who has used the goods is seeking compensation, reimbursement or an accounting for money expended by the co‑owner who has used the goods in relation to the goods; or

        (b)     the co-owner claiming an amount equivalent to rent has been excluded from using the goods; or

        (c)     the co-owner claiming an amount equivalent to rent has suffered a detriment because it was not practicable for that co-owner to use the goods with the other co-owner.

    (5)     This section applies despite any law or rule to the contrary.

Division 3—Accounting

New s. 234 inserted by No. 71/2005 s. 5.