South Australian Current Acts South Australian Current Acts48—Actions for full compensation for trespass
(1) Nothing in this
Act contained shall prevent the owner of any lands trespassed on by cattle
from suing in the Supreme Court or in a local court for compensation for
ordinary damages, at the rates specified in Schedule 6 or at the rates in
force for the time being at the public pound nearest to the lands trespassed
upon, or for special damages for the trespass of cattle.
(2) No action in the
Supreme Court shall be brought to recover special damages for such trespass
until seven days after notice in writing has been delivered personally to the
party against whom the action is proposed to be brought, or is left at his
usual or last known place of abode in the State.
(3) Such notice shall
specify the cause of action, the name and place of abode of the person
bringing the same, and the amount of damages claimed.
(4) The person to whom
such notice is given may, at any time within seven days from the delivery of
the notice as aforesaid, tender the amount claimed to the person bringing such
action, or to his attorney or agent, and, in case the same is not accepted,
proof of such tender shall be deemed a good defence to such action.