New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 72

72 Powers of Tribunal relating to retail tenancy claims

(1) In proceedings for a retail tenancy claim lodged with the Tribunal under this Part, the Tribunal is empowered to make any one or more of the following orders that it considers appropriate--

(a) an order that a party to the proceedings pay money to a person specified in the order, whether by way of debt, damages or restitution, or refund any money paid by a specified person,

(b) an order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings,

(c) an order that a party to the proceedings--

(i) do any specified work or perform any specified service or any obligation arising under this Act or the terms of a lease, or

(ii) surrender possession of specified premises to another person, or

(iii) assign his or her or its rights under a lease to a specified person, or

(iv) do or perform, or refrain from doing or performing, any specified act, matter or thing,

(d) an order granting a party to the proceedings relief against forfeiture,

(e) an order (as permitted by section 72AB) requiring the rectification of the lease or the lessor's disclosure statement,

(e1) an order (as permitted by section 72AB) deeming a disclosure statement given by the lessor after the lease is entered into (with or without amendments specified by the Tribunal) to have been given in compliance with section 11 before the lease was entered into,

(f) an order--

(i) declaring any provision made by a lease to be void for being inconsistent with this Act or the regulations, or

(ii) declaring that a lessor is not entitled to withhold consent to an assignment of the rights of a lessee, or

(iii) declaring the rights and liabilities of the parties under law, whether any consequential relief is or could be claimed or not, or

(iv) declaring that a party is or is not entitled to receive payment of the whole or a part of a security bond,

(g) such other order, in the nature of an interlocutory order of a kind referred to in paragraphs (a)-(f), as the Tribunal considers proper to be made in order to resolve or assist resolution of the dispute between the parties.

(2) The Tribunal may make such ancillary orders as it considers necessary for the purpose of enabling an order under this section to have full effect.

(3) The Tribunal may impose such conditions as it considers appropriate when making an order under this section.

(4) The Tribunal may make an interim order under this section pending final determination of a claim, if it appears to the Tribunal desirable to do so.