48Acquiring authority to pay certain costs

48 Acquiring authority to pay certain costs

(1)  An acquiring authority must pay the costs reasonably incurred by a claimant where those costs are not incurred as the result of the commencement of proceedings or arbitration pursuant to section 42 (1) if those costs were incurred by the claimant as a consequence of –

(a) the taking of subject land; or

(b) the service and withdrawal or lapsing of a notice to treat; or

(c) the amendment or revocation of a notice of acquisition; or

(d) the reconveyance of land taken to its former owner; or

(e) the exercise by the authority of any power under Part 6 .

(2)  [Section 48 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 48 Subsection (2) substituted by No. 31 of 2019, s. 17, Applied:01 Jan 2020] For the purposes of subsection (1) , the fees of the claimant's legal practitioner payable by the acquiring authority are to be determined in accordance with the provisions of –

(a) the relevant Supreme Court Rules; and

(b) any regulations made under the Supreme Court Civil Procedure Act 1932  –

in relation to the fees of legal practitioners.

(3)  In the absence of agreement between an acquiring authority and a claimant as to the amount of the costs reasonably incurred, the amount of those costs may be referred, in writing, by either the owner or the authority to the taxing officer of the Court.

(4)  [Section 48 Subsection (4) amended by No. 31 of 2019, s. 17, Applied:01 Jan 2020] The taxing officer of the Court shall determine the amount of costs referred to the taxing officer under subsection (3) in accordance with the provisions for the taxation of costs contained in the relevant Supreme Court Rules.