New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 16H

16H Payment on application

(1) Payment on joint application or to other party If an application under section 16G--

(a) is made jointly by a lessor and a lessee under a lease, or

(b) is made by a lessor under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessee, or

(c) is made by a lessee under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessor,

the Secretary must pay out an amount of money as directed in that application.

(2) Notice to lessee of application by lessor for payment to lessor If an application under section 16G is made by a lessor alone under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessor, the Secretary must give notice in writing of the receipt of the application to the lessee.

(3) Notice to lessor of application by lessee for payment to lessee If an application under section 16G is made by a lessee alone under a lease who, in that application, directs the Secretary to pay out an amount of money to the lessee, the Secretary must give notice in writing of the receipt of the application to the lessor.

(4) Payment to applicant lessor If a lessee to whom notice has been given under subsection (2)--

(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessee of the notice or the date of posting of the notice, as the case may be, notify the Secretary in writing that the lessee has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or

(b) does so notify the Secretary, but those proceedings are discontinued,

the Secretary must pay out that amount to the lessor.

(5) Payment to applicant lessee If a lessor to whom notice has been given under subsection (3)--

(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessor of the notice or the date of posting of the notice, as the case may be, notify the Secretary in writing that the lessor has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or

(b) does so notify the Secretary, but those proceedings are discontinued,

the Secretary must pay out that amount to the lessee.

(7) Conflicting applications If conflicting applications are received, the Secretary may disregard the later or latest application received.

(8) Notice: exceptions Without limiting subsection (7), the regulations may provide that the Secretary need not give notice under subsection (2) or (3) in such circumstances as may be prescribed.

(9) Extension of period in particular cases The Secretary may in any particular case extend the period prescribed by or under subsection (4) or (5).