233Orders as to compensation and accounting

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.