sec.91Land Court to assume jurisdiction for proceedings already before the LRT

### sec.91 Land Court to assume jurisdiction for proceedings already before the LRT This section applies to a proceeding if— the proceeding was started in the LRT before the commencement of this section; and immediately before the commencement of this section, the proceeding had not finally been disposed of; and if the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court. The Land Court has jurisdiction to finish a proceeding to which this section applies and for that purpose— the proceeding is a proceeding in the Land Court; and the Land Court has all the powers of the LRT. The president may give any necessary directions about how the proceeding is to be dealt with by the Land Court instead of by the LRT. Without limiting subsection (3), the president may give or make any of the following directions or orders— that the matter be heard afresh entirely or partly; that any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court; any costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate. An indemnity certificate granted under this section— has effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and entitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board. s 91 ins 2007 No. 39 s 27 (sec.91-ssec.1) This section applies to a proceeding if— the proceeding was started in the LRT before the commencement of this section; and immediately before the commencement of this section, the proceeding had not finally been disposed of; and if the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court. (sec.91-ssec.2) The Land Court has jurisdiction to finish a proceeding to which this section applies and for that purpose— the proceeding is a proceeding in the Land Court; and the Land Court has all the powers of the LRT. (sec.91-ssec.3) The president may give any necessary directions about how the proceeding is to be dealt with by the Land Court instead of by the LRT. (sec.91-ssec.4) Without limiting subsection (3), the president may give or make any of the following directions or orders— that the matter be heard afresh entirely or partly; that any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court; any costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate. (sec.91-ssec.5) An indemnity certificate granted under this section— has effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and entitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board. - (a) the proceeding was started in the LRT before the commencement of this section; and - (b) immediately before the commencement of this section, the proceeding had not finally been disposed of; and - (c) if the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court. - (a) the proceeding is a proceeding in the Land Court; and - (b) the Land Court has all the powers of the LRT. - (a) that the matter be heard afresh entirely or partly; - (b) that any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court; - (c) any costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate. - (a) has effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and - (b) entitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board.