New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 12

12 Recovery of mesne profits in proceedings for possession

(1) Where, in proceedings in the Supreme Court by a landlord, a claim for mesne profits is joined with a claim for possession of land, and the entitlement of the landlord to possession of the whole or of any part of the land is established, the landlord, notwithstanding that he or she has not recovered possession of the whole of or that part of the land, may:

(a) unless the proceedings are tried with a jury, have judgment for mesne profits up to the time of delivery of possession of the land for which he or she obtains judgment for possession, and

(b) if the proceedings are tried with a jury, have judgment for mesne profits up to the time of the verdict of the jury.

(2) A judgment for possession and for mesne profits under this section shall not bar any such landlord from bringing proceedings for mesne profits which shall accrue from the time up to which mesne profits are included in the judgment down to the day of delivery of possession of the land for which judgment for possession is obtained.