New South Wales Consolidated Acts

RETAIL LEASES ACT 1994 - SECT 16H

16H Payment on application

(1) Payment on joint application or to other party If an application under section 16G:

(a) is made jointly by a lessor and a lessee under a lease, or

(b) is made by a lessor under a lease who, in that application, directs the Director-General to pay out an amount of money to the lessee, or

(c) is made by a lessee under a lease who, in that application, directs the Director-General to pay out an amount of money to the lessor,

the Director-General must pay out an amount of money as directed in that application.

(2) Notice to lessee of application by lessor for payment to lessor If an application under section 16G is made by a lessor alone under a lease who, in that application, directs the Director-General to pay out an amount of money to the lessor, the Director-General must give notice in writing of the receipt of the application to the lessee.

(3) Notice to lessor of application by lessee for payment to lessee If an application under section 16G is made by a lessee alone under a lease who, in that application, directs the Director-General to pay out an amount of money to the lessee, the Director-General must give notice in writing of the receipt of the application to the lessor.

(4) Payment to applicant lessor If a lessee to whom notice has been given under subsection (2):

(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessee of the notice or the date of posting of the notice, as the case may be, notify the Director-General in writing that the lessee has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or

(b) does so notify the Director-General, but those proceedings are discontinued,

the Director-General must pay out that amount to the lessor.

(5) Payment to applicant lessee If a lessor to whom notice has been given under subsection (3):

(a) does not, within 14 days (or, where some other period is prescribed for the purposes of this subsection, that period) after service on the lessor of the notice or the date of posting of the notice, as the case may be, notify the Director-General in writing that the lessor has commenced prescribed proceedings in relation to an amount of money referred to in the notice, or

(b) does so notify the Director-General, but those proceedings are discontinued,

the Director-General must pay out that amount to the lessee.

(6) Payment of balance to other party If an application referred to in subsection (2) or (3) is made in respect of part of an amount of money held on deposit by the Director-General in respect of a lease, the Director-General must pay out to the other party to the lease the remainder of the amount.

(7) Conflicting applications If conflicting applications are received, the Director-General may disregard the later or latest application received.

(8) Notice: exceptions Without limiting subsection (7), the regulations may provide that the Director-General need not give notice under subsection (2) or (3) in such circumstances as may be prescribed.

(9) Extension of period in particular cases The Director-General may in any particular case extend the period prescribed by or under subsection (4) or (5).