New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 16I

16I Payment after prescribed proceedings

(1) If a lessor or lessee under a lease has, within the period prescribed by or under section 16H (4) or (5), commenced prescribed proceedings in relation to the lease and judgment in the proceedings has been entered in or given by a court or a court or the Tribunal has made an order in those proceedings for the payment of money--

(a) the Secretary must--

(i) on being served with or obtaining a copy of that judgment or order, and

(ii) on being satisfied that the judgment or order has not been satisfied and no steps to enforce the judgment or order have been taken under any other Act,

pay out an amount of money held by the Secretary on deposit in respect of the lease, as if the Secretary were the person obliged to pay under the judgment or order, or

(b) where the Secretary is satisfied that--

(i) the judgment has been entered or given, or the order made, and

(ii) that judgment or order has been satisfied (other than as provided in paragraph (a)),

the Secretary must pay out that amount of money to the person obliged to pay under the judgment or order.

(2) If mediation of a retail tenancy dispute about a security bond has been successful, the Secretary must pay out in conformity with the resulting agreement an amount of money held by the Secretary on deposit in respect of the lease concerned, and for that purpose the Secretary is entitled to require--

(a) a copy of a certificate issued under section 16N (3) setting out the terms of the resulting agreement, or

(b) a notice in writing, in a form approved by the Secretary, that is signed by the parties and sets out the terms of the resulting agreement.

(3) For all purposes, money paid out by the Secretary under subsection (1) is taken to be money paid by the person against whom the judgment was obtained or the order was made.