sec.40Orders for compensation and accounting

### sec.40 Orders for compensation and accounting In the proceeding, the court may order that— a co-owner pay compensation or make a reimbursement to another co-owner; or a co-owner account to another co-owner under section 27 ; or a co-owner’s interest in the property be adjusted to take account of amounts payable by the co-owners to each other during the co-ownership. In deciding whether to make an order under subsection (1) , the court must consider the following matters— amounts reasonably spent by a co-owner in improving the property; costs reasonably incurred by a co-owner in the maintenance or insurance of the property; damage caused by the unreasonable use of the property by a co-owner; the payment by a co-owner of more than that co-owner’s proportionate share of rates, mortgage repayments, purchase money, instalments or other outgoings in relation to the property for which 1 or more of the other co-owners are liable; for 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; for property other than land—whether or not a co-owner who has used the property should pay an amount equivalent to rent to a co-owner who did not use the property. The court must not make an order requiring a co-owner who has occupied land (the occupying co-owner ) to pay an amount equivalent to rent to a co-owner who did not occupy the land (the non-occupying co-owner ) unless— the occupying co-owner seeks compensation, reimbursement or an accounting for money expended by the occupying co-owner in relation to the land; or the non-occupying co-owner has been excluded from occupation of the land; or the non-occupying co-owner has suffered a detriment because it was not practicable for the non-occupying co-owner to occupy the land with the occupying co-owner. The court must not make an order requiring a co-owner who has used property other than land (the using co-owner ) to pay an amount equivalent to rent to a co-owner who did not use the property (the non-using co-owner ) unless— the using co-owner seeks compensation, reimbursement or an accounting for money expended by the using co-owner in relation to the property; or the non-using co-owner has been excluded from using the property; or the non-using co-owner has suffered a detriment because it was not practicable for the non-using co-owner to use the property with the using co-owner. This section applies despite any other Act or law. (sec.40-ssec.1) In the proceeding, the court may order that— a co-owner pay compensation or make a reimbursement to another co-owner; or a co-owner account to another co-owner under section 27 ; or a co-owner’s interest in the property be adjusted to take account of amounts payable by the co-owners to each other during the co-ownership. (sec.40-ssec.2) In deciding whether to make an order under subsection (1) , the court must consider the following matters— amounts reasonably spent by a co-owner in improving the property; costs reasonably incurred by a co-owner in the maintenance or insurance of the property; damage caused by the unreasonable use of the property by a co-owner; the payment by a co-owner of more than that co-owner’s proportionate share of rates, mortgage repayments, purchase money, instalments or other outgoings in relation to the property for which 1 or more of the other co-owners are liable; for 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; for property other than land—whether or not a co-owner who has used the property should pay an amount equivalent to rent to a co-owner who did not use the property. (sec.40-ssec.3) The court must not make an order requiring a co-owner who has occupied land (the occupying co-owner ) to pay an amount equivalent to rent to a co-owner who did not occupy the land (the non-occupying co-owner ) unless— the occupying co-owner seeks compensation, reimbursement or an accounting for money expended by the occupying co-owner in relation to the land; or the non-occupying co-owner has been excluded from occupation of the land; or the non-occupying co-owner has suffered a detriment because it was not practicable for the non-occupying co-owner to occupy the land with the occupying co-owner. (sec.40-ssec.4) The court must not make an order requiring a co-owner who has used property other than land (the using co-owner ) to pay an amount equivalent to rent to a co-owner who did not use the property (the non-using co-owner ) unless— the using co-owner seeks compensation, reimbursement or an accounting for money expended by the using co-owner in relation to the property; or the non-using co-owner has been excluded from using the property; or the non-using co-owner has suffered a detriment because it was not practicable for the non-using co-owner to use the property with the using co-owner. (sec.40-ssec.5) This section applies despite any other Act or law. - (a) a co-owner pay compensation or make a reimbursement to another co-owner; or - (b) a co-owner account to another co-owner under section 27 ; or - (c) a co-owner’s interest in the property be adjusted to take account of amounts payable by the co-owners to each other during the co-ownership. - (a) amounts reasonably spent by a co-owner in improving the property; - (b) costs reasonably incurred by a co-owner in the maintenance or insurance of the property; - (c) damage caused by the unreasonable use of the property by a co-owner; - (d) the payment by a co-owner of more than that co-owner’s proportionate share of rates, mortgage repayments, purchase money, instalments or other outgoings in relation to the property for which 1 or more of the other co-owners are liable; - (e) for 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) for property other than land—whether or not a co-owner who has used the property should pay an amount equivalent to rent to a co-owner who did not use the property. - (a) the occupying co-owner seeks compensation, reimbursement or an accounting for money expended by the occupying co-owner in relation to the land; or - (b) the non-occupying co-owner has been excluded from occupation of the land; or - (c) the non-occupying co-owner has suffered a detriment because it was not practicable for the non-occupying co-owner to occupy the land with the occupying co-owner. - (a) the using co-owner seeks compensation, reimbursement or an accounting for money expended by the using co-owner in relation to the property; or - (b) the non-using co-owner has been excluded from using the property; or - (c) the non-using co-owner has suffered a detriment because it was not practicable for the non-using co-owner to use the property with the using co-owner.