§ 156 — Procedure in actions against assurance fund

156.—(1) Any person intending to claim against the assurance fund must, not less than 14 days before the commencement of the action, serve notice of the person’s claim on the Registrar as nominal defendant, stating the grounds on which the person’s claim is made and the amount claimed.(2) The Registrar may tender in settlement of the claim the amount claimed or any lesser amount, and if the claimant rejects that tender and fails later to recover damages exceeding the amount tendered by 20% of that amount, the claimant must pay, in addition to the claimant’s own costs, the costs of the Registrar in defending the action.

(3) If in any such action the claimant recovers final judgment against the Registrar, then the court is to certify the fact of the judgment and the amount of damages and costs recovered, and the amount of those damages and (except as provided in subsection (2)) those costs must be —(a)

paid to the person recovering them; and

(b)

charged to the account of the assurance fund.[Act 25 of 2021 wef 01/04/2022]

(4) In all other cases, the Registrar’s costs are payable by the claimant.[Act 25 of 2021 wef 01/04/2022]

(5) Despite anything to the contrary in section 155, any person deprived of land to a value of not more than $1,000, or sustaining loss or damage of not more than that amount, may claim against the assurance fund in the first instance and the Registrar may settle or compound the claim.

—(1) Any person intending to claim against the assurance fund must, not less than 14 days before the commencement of the action, serve notice of the person’s claim on the Registrar as nominal defendant, stating the grounds on which the person’s claim is made and the amount claimed.

(2) The Registrar may tender in settlement of the claim the amount claimed or any lesser amount, and if the claimant rejects that tender and fails later to recover damages exceeding the amount tendered by 20% of that amount, the claimant must pay, in addition to the claimant’s own costs, the costs of the Registrar in defending the action.

(3) If in any such action the claimant recovers final judgment against the Registrar, then the court is to certify the fact of the judgment and the amount of damages and costs recovered, and the amount of those damages and (except as provided in subsection (2)) those costs must be —(a)

paid to the person recovering them; and

(b)

charged to the account of the assurance fund.[Act 25 of 2021 wef 01/04/2022]

(4) In all other cases, the Registrar’s costs are payable by the claimant.[Act 25 of 2021 wef 01/04/2022]

(5) Despite anything to the contrary in section 155, any person deprived of land to a value of not more than $1,000, or sustaining loss or damage of not more than that amount, may claim against the assurance fund in the first instance and the Registrar may settle or compound the claim.