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PROPERTY LAW ACT 1974 - SECT 26
Recovery of property on determination of a life or lives
26 Recovery of property on determination of a life or lives
(1) Every person having any estate or interest in any property determinable
upon a life or lives who, after the determination of such life or lives
without the express consent of the person next immediately entitled upon or
after such determination, holds over or continues in possession of such
property estate or interest, or of the rents, profits or income of the
property, shall be liable in damages or to an account for such rents and
profits, or both, to the person entitled to such property, estate, interest,
rents, profits or income after the determination of such life or lives.
(2)
Where a reversion, remainder, or other estate or interest in any property is
expectant upon the determination of a life or lives, the reversioner, person
in remainder, or other person entitled to such reversion, remainder, or estate
or interest may in any proceeding claiming relief on the basis that such life
or lives has or have determined, adduce evidence of belief that such life or
lives has or have been determined and of the grounds of such belief, and the
court may in its discretion order that, unless the person or persons on whose
life or lives such reversion, remainder, or other estate or interest is
expectant is or are produced in court or is or are otherwise shown to be
living, such person or persons shall for the purposes of such proceedings be
accounted as dead, and relief may be given accordingly.
(3) If in such
proceedings a person in respect of whom it is material that the person be
shown to be living or not is shown to have remained beyond Australia, or
otherwise absented himself or herself from the place in which if in Australia
the person might be expected to be found, for the space of 7 years or upwards,
such person, if not proved to be living, shall for the purposes of such
proceedings be accounted as dead, and relief may be given accordingly.
(4) If
in any such proceedings judgment has been given against the plaintiff, and
afterwards such plaintiff brings subsequent proceedings upon the basis that
such life has determined, the court may make an order staying such proceedings
permanently or until further order or for such time as may be thought fit.
(5) If in consequence of the judgment given in any such proceedings, any
person having any estate or interest in any property determinable on such life
or lives has been evicted from or deprived of any property or any estate or
interest in the property, and afterwards it appears that such person or
persons on whose life or lives such estate or interest depends is or are
living or was or were living at the time of such eviction or deprivation, the
court may give such relief as is appropriate in the circumstances.
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