Clause 31

Where a person appeals to the High court against a mandatory order, no liability to a fine shall arise nor, save as provided in this section, shall any proceedings be taken or work done under the order until after the determination or abandonment of the appeal.

Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and the appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding two hundred dollars for every day during the non-compliance with the order, unless he satisfies the Court before which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the High Court, that Court may, on dismissing the appeal, impose the fine as if the Court were the Court before which the summons was returnable.

Where a mandatory order is made on any person and appealed against and the Court which made the order is of the opinion that the non-execution of the mandatory order will be injurious or dangerous to health and that the immediate execution of the order will not cause any injury which cannot be compensated by damages, that Court may authorise the Director immediately to execute the work.

If the Director has executed the work and the appeal is successful, he shall pay the cost of the work and the damages, if any, sustained by that person by reason of the work, but, if the appeal is dismissed or abandoned, the Director may recover the cost of the work from the person and, if that person is the owner of the premises in respect of which the order is made, the provisions of section 41 shall apply to any sum recoverable from him hereunder and in any other case the provisions of section 39 shall apply thereto.