PROPERTY LAW ACT 1974 - SECT 147
Arrears of rent etc.
PROPERTY LAW ACT 1974 - SECT 147
Arrears of rent etc.
147 Arrears of rent etc.
(1) In a complaint under this division for the recovery of the possession of
land, it may be joined as a further matter of complaint that the defendant is
indebted to the landlord for rent or mesne profits, or both, in respect of the
land the subject of the complaint.
(1A) Such further matter of complaint
shall be set out in a separate paragraph in the complaint.
(2) In respect of
such further matter of complaint the same particulars of the complainant’s
claim for rent or mesne profits, or both, shall be supplied and served as
would be required if the claim were being made by way of a claim filed in a
Magistrates Court exercising jurisdiction under the
Magistrates Courts Act 1921.
(3) In any case where the court orders that the
further matter of complaint be heard separately it may, by the same or any
subsequent order, give directions for the conduct of the proceedings in
relation to the complaint or may order that the proceedings be carried on in
the same manner as if the claim were being made by way of a claim filed in a
Magistrates Court exercising jurisdiction under the
Magistrates Courts Act 1921.
(4) Where the matters of complaint are heard
together, if, under section 145(2) , the matters prescribed by section 145(1) may be proved by affidavit, the amount of indebtedness the subject of the
further matter of complaint may also be proved by affidavit.
(5) In respect
of the further matter of complaint, the court shall order the defendant to pay
to the landlord such amount (if any) (but not exceeding $150,000) as it
determines to be payable and unpaid in respect of the indebtedness the subject
of the complaint when it makes the determination.
(6) An order made by a
court under subsection (5) shall, for the purposes of the enforcement of the
order, be deemed to have been made by a Magistrates Court in the exercise of
its jurisdiction under the Magistrates Courts Act 1921, and shall be
enforceable accordingly, and not otherwise.
(6A) However, where the matters
of complaints are heard and determined together ex parte, action to enforce
the order made in respect of the further matter of complaint shall not be
taken within 7 days after the determination.
(7) A postponement of the issue
of a warrant under section 146(7) shall not affect any order for payment made
under this section.
(8) An order for the payment of arrears of rent under
this section may be made whether or not a warrant for possession is issued.
