§ 141 — Compensation

141.—(1) A person bound by a Part 7 direction who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction.(2) If there were insufficient grounds for the making of the Part 7 direction, the Agency is to pay just and reasonable compensation to the applicant.

(3) The Director‑General must give written notice of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation.

(4) If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation.

(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —(a)

within 28 days after the day on which notification of the determination was received; or

(b)

in a case to which subsection (4) applies, within 28 days after the end of the 28‑day period referred to in that subsection.

(6) If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court.

—(1) A person bound by a Part 7 direction who suffers loss as a result of the making of the direction may apply to the Agency for compensation if the person considers that there were insufficient grounds for the making of the direction.

(2) If there were insufficient grounds for the making of the Part 7 direction, the Agency is to pay just and reasonable compensation to the applicant.

(3) The Director‑General must give written notice of the Agency’s determination as to the payment of compensation under this section to each applicant for the payment of compensation.

(4) If the Agency has not determined an application for compensation under this section within 28 days after receiving the application, the Agency is taken to have refused to pay any compensation.

(5) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Agency as to the refusal to pay compensation or as to the amount of compensation may apply to the District Court for a review of the determination —(a)

within 28 days after the day on which notification of the determination was received; or

(b)

in a case to which subsection (4) applies, within 28 days after the end of the 28‑day period referred to in that subsection.

(6) If the amount of compensation sought exceeds the jurisdictional limit of the District Court, the application under subsection (5) is to be made to the General Division of the High Court.