Western Australian Current Acts Western Australian Current Acts (1) Relief referred to
in section 83C 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 his
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 83C 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;
(d) the
rights of persons other than the lessor and the lessee;
(e) the
operation of section 83E; 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.
[Section 83D inserted: No. 35 of 1973 s. 3.]