New South Wales Consolidated Acts

MORATORIUM ACT 1932 - SECT 23

23 Power to defer making of order to realise charge of rates

(1) When the council of any municipality or shire institutes proceedings for the recovery of rates by suit in equity for the enforcement of the charge for rates on land, any person interested in such land may apply by motion in the suit for an order staying proceedings in the suit.

(2) The provisions of subsection three of section twenty-two of this Act shall apply, mutatis mutandis, to and in respect of any application made under this section.

(3) On any such application the court may make an order staying either generally or for a time specified in the order and on such terms and conditions as it thinks fit proceedings in the suit.

(4) The provisions of subsection five of section twenty-two of this Act shall apply, mutatis mutandis, to and in respect of any order made under this section.

(5) This section applies to proceedings instituted before as well as to proceedings instituted after the commencement of this Act.