New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 133F

133F Court may grant relief from breach of certain obligations

(1) Relief referred to in section 133E may be sought--

(a) in proceedings instituted in the court for the purpose, or

(b) in proceedings in the court in which--

(i) the existence of an alleged breach by the lessee of the lessee's obligations under the lease, or

(ii) the effect of the breach from which relief is sought,

is in issue.

(2) The court may, in proceedings in which relief referred to in section 133E is sought--

(a) make such orders (including orders affecting an assignee of the reversion) as it thinks fit for the purpose of granting the relief sought, or

(b) refuse to grant the relief sought.

(3) The court may, in proceedings referred to in subsection (2), take into consideration--

(a) the nature of the breach complained of,

(b) the extent to which, at the date of the institution of the proceedings, the lessor was prejudiced by the breach,

(c) the conduct of the lessor and the lessee, including conduct after the giving of the prescribed notice referred to in section 133E(2),

(d) the rights of persons other than the lessor and the lessee,

(e) the operation of section 133G, and

(f) any other circumstances considered by the court to be relevant.

(4) The court--

(a) may make an order under subsection (2) on such terms as to costs, damages, compensation or penalty, or on such other terms, as the court thinks fit, and

(b) may make any consequential or ancillary order it considers necessary to give effect to an order made under that subsection.