VALUATION OF LAND ACT 1960 - SECT 27 Costs if owner and occupier apply separately
VALUATION OF LAND ACT 1960 - SECT 27
Costs if owner and occupier apply separately(1) This section applies if the owner and the occupier of land separately apply for review or appeal in respect of the same assessment of value.
(2) If this section applies, VCAT or the Court (as the case requires) must not award the owner or occupier any costs in respect of the proceeding unless VCAT or the Court is satisfied—
(a) if the applicant is the owner, that—
(i) the owner, before applying for review or appeal, requested the occupier to join in the proceeding; and
(ii) the occupier refused or failed to do so; or
(b) if the applicant is the occupier, that—
(i) the occupier, before applying for review or appeal, requested the owner to join in the proceeding; and
(ii) the owner refused or failed to do so.
(3) If the party bringing the proceeding satisfies VCAT or the Court as set out in subsection (2), the owner or occupier refusing or failing to join the proceedings must pay the costs of that person's own application.
Pt 3 Div. 5 (Heading) substituted by No.
52/1998
s. 309.
Division 5—General
New s. 28 inserted by No.
52/1998
s. 309, repealed by No. 22/2006 s. 17(a).
* * * * *
New s. 29 inserted by No.
52/1998
s. 309.