New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 26

26 Execution of warrant to be suspended on security to defend an action for recovery of land

(1) If any tenant or occupier against whom any such warrant is granted offers at the time when the adjudication in respect thereof is made to give security to defend proceedings against him or her for possession of the land in question in the Supreme Court or an action of ejectment or other appropriate action against him or her for recovery of the said land in any other Court having competent jurisdiction in that behalf to be brought by or on behalf of the landlord, by or for or on whose behalf the information upon which such adjudication is made has been exhibited, then the execution of such warrant and all other proceedings under such adjudication shall be suspended for three clear days.

(2) If during that interval such tenant or occupier gives to such landlord, his or her executors and administrators, security by a joint and several bond of two other responsible persons, to be approved of by the Local Court by which the matter of such information is heard in such sum of money as to the Court (regard being had to the value of such land and to the probable cost of such action, and the probable length of time which must elapse before the same can be determined) seems reasonable, and the Court directs, conditioned to be void (in case such landlord, his or her heirs, executors, or administrators succeeds in such action), upon payment of all such costs of suit as are awarded to or recovered by such landlord, his or her heirs, executors, or administrators in such action, and of all mesne profits of the said land accruing between the time of such adjudication and the time when such landlord, his or her heirs, executors, or administrators obtain possession of such land by virtue of such action, and of all such costs as are awarded by the Court to be paid by such tenant or occupier to such landlord or his or her agent, then such warrant shall not be executed or put in force, but shall be void; and no further proceedings shall be taken under or in pursuance of such adjudication for recovery of such last mentioned costs or otherwise.

(3) This section does not apply where the land in question is or includes a dwelling-house and the rent payable in respect of the land does not exceed twenty-five dollars twenty cents per week, or an equivalent sum calculated in respect of any other period.