18/Jun/2004 - Current (at 31 Dec 2005)
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    15. Effect of failure to give notice

    (1) Subject to subsection (2), where a person fails to give the notice required to be given by section 14(4), no action claiming damages shall be brought in any Court against any person in respect of the loss of or damage to the crops, trees, pastures or other growth or animal life alleged to be caused by or arising out of or in connection with spray drift or aerial spraying.

    (2) Notwithstanding that a notice has not been given as required by section 14(4), application may be made to a Judge for leave to commence such an action as is referred to in subsection (1), and if the Judge considers that the failure to give the required notice was occasioned by mistake or by any other reasonable cause or that the prospective defendant is not materially prejudiced in his defence or otherwise by the failure, the Judge may if he thinks it is just to do so, grant leave to bring the action, subject to such conditions as the Judge thinks it is just to impose.

    (3) Before an application is made under subsection (2) the person intending to make the application shall give notice in writing to the prospective defendant of the proposed application and the grounds on which it is to be made at least 14 days before the application is made.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.