Disputes
to be determined
by Airport
Obstruc-
tiona
Compensa tion
Tribunal.
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(g) Interest at a rate not exceeding four per cent per annum may be allowed on any part of the compensation allowed for any diminution in value of an interest in land, and such interest may be allowed from the date of such diminution, being a date not earlier than the date of publication of the order made under section 3 which resulted in such diminution.
(b) In determining whether any interest shall be allowed, regard shall be had to all the circumstances of the case, including any delays occasioned by the claimant.
24. (r) Where any dispute arises as to-
(a) whether compensation is payable under this Ordinance;
or
(6) the amount of any such compensation ; or
(c) the person to whom it is payable,
the dispute shall be referred to and determined by the tribunal established under subsection (3).
(2) For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Director of Public Works, as the case may be, has served notice of intention to refer the dispute to the tribunal upon all other parties to the dispute, and the party who has served notice as aforesaid shall, within two months thereafter, refer the dispute to the tribunal by notice served upon the clerk to the tribunal giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties.
(3) For the purpose of determining disputes which may arise in relation to the matters mentioned in subsection (1), there shall be established a tribunal to be known as the Airport Obstructions Compensation Tribunal (in this Ordinance referred to as the tribunal).
(4) The tribunal shall consist of a Chairman, who shall be a judge of the Supreme Court or the District Court appointed by the Chief Justice, and of two other members appointed by the Governor, one of whom at least shall be a person who is not employed full time in any office of emolument under the Crown, and one of whom at least shall be selected from persons appearing to the Governor to be qualified as having had experience in the valuation of land and buildings.
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(5) The Governor shall appoint a clerk to the tribunal.
(6) The remuneration of the members of the tribunal and the clerk shall be determined by the Governor in relation to each dispute determined by the tribunal, having regard in the case of members to the time occupied and the amount of work and the magnitude of the interests involved :
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.
25. (1) For the purpose of determining disputes, the tribunal shall have all such powers as are vested in the Supreme Court in relation to-
(4) enforcing the attendance of witnesses and examining them
upon oath or otherwise;
(b) compelling the production of documents;
(c) punishing persons behaving in an insulting manner or using any threatening or insulting expression to or con- cerning or in the presence of the tribunal;
(d) ordering an inspection of premises; (e) entering upon and viewing premises.
(2) Proceedings upon a reference under subsection (2) of section 24 shall be heard by the tribunal sitting in public.
(3) All questions arising in any proceedings before the tribunal shall, in the event of a difference between the members, be decided by the majority:
Provided that any question touching the procedure to blo followed or the admissibility of evidence or any other question declared by him to be one of law shall be decided by the chairman,
(4) The decision of the tribunal shall set out the heads of compensation and the matters for which allowance is made, and such decision shall be final:
Provided that any party dissatisfied with the decision as heing erroneous in point of law may, within one month after such decision, require the chairman to state and sign a case for the decision of the Full Court,
Fowers and functiona of tribunal.
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