Section 173 — Land Transfer Act 1952: Notice of action to be served on Attorney-General and Registrar-General

173 Notice of action to be served on Attorney-General and Registrar-General (1) Notice in writing of every action against the Crown, and of the cause thereof, and of the amount claimed, shall be served upon the Attorney-General, and also upon the Registrar-General, one month at least before the commencement of the action. (2) If those officers concur that the claim ought to be admitted, as to the whole or any part thereof, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid out of the Crown Bank Account in whole or in part to the person entitled thereto in accordance with the certificate. (3) If after notice of the admission has been served on the claimant, his solicitor, or agent, the claimant proceeds with his action, and recovers no more than the amount admitted, he shall not be entitled to recover any costs as against the Crown, and shall be liable to the Crown for the costs of defending the action in like manner as if judgment had been given for the defendant in the action. Compare: 1915 No 35 s 183; 1925 No 20 s 6 The words “ Consolidated Account ” were substituted, as from 1 July 1989, by the words “ Crown Bank Account ” pursuant to section 83(7) Public Finance Act 1989 (1989 No 44).