New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 27

27 Bond to be approved and certified by Magistrate

(1) Every such bond shall be approved of, and certified as so approved of, by the Magistrate by whom the matter of such information is heard by a memorandum in writing signed by the Magistrate, which memorandum shall be on or annexed to such bond.

(2) The Court in which any such proceedings for possession of the land in question or action of ejectment or other action for the recovery of the land in question is brought may, upon application of any party bound by such bond, his or her heirs, executors, or administrators, in a summary way give such relief to the person making such application, or make such other order in the premises as may be agreeable to justice; and every order made by such Court thereupon shall have the nature and effect of a defeasance to such bond.

(3) If any unreasonable delay occurs in the bringing or prosecuting such proceedings for possession of such land, or action of ejectment, or other action for recovery of such land, then the Court in which such proceedings are or action is brought or in case no such proceedings have or action has been brought and been depending, then any Court having competent jurisdiction to entertain any such proceedings or action may, upon application of the parties bound by any such bond, or either of them, their or either of their heirs, executors, or administrators, in a summary way order such bond to be cancelled and given up to the person making such application, or make such other order in the premises as may be agreeable to justice.

(4) If an order is thereupon made by any such Court ordering such bond to be cancelled, then such bond shall, upon the making of such order, be thenceforth void, but without prejudice to any action or other remedy thereon for any previous breach of the condition or defeasance thereof.