• Specific Year
    Any

PROPERTY LAW ACT 1974 - SECT 148 Rehearing where proof made by affidavit

PROPERTY LAW ACT 1974 - SECT 148

Rehearing where proof made by affidavit

148 Rehearing where proof made by affidavit

(1) Where, in default of appearance of the defendant at the time and place appointed by the summons for the hearing and determination of the complaint, or at any time or place to which the hearing is adjourned, the court has, upon proof by affidavit of the matters required by section 145 (1) to be proved, ordered that the warrant mentioned in that subsection be issued, a Magistrates Court at the place where the order was made may, upon application in that behalf made by the defendant or by the defendant’s counsel or solicitor, within 7 days after the date on which the order was made, if in its opinion there is a proper reason for so doing, grant a rehearing of the complaint upon which the order was made on such terms and subject to the payment of such costs as it thinks fit.
(2) Upon and because of the grant of a rehearing—
(a) subject to subsection (4) , the order for the issue of a warrant made upon the first hearing and any warrant issued under it shall cease to have effect; and
(b) the court may, with the consent of the complainant, proceed with the rehearing immediately or it may and, if the complainant does not consent to the court proceeding with the rehearing immediately, shall set down the rehearing for a later date; and
(c) on the rehearing, the complaint shall be reheard and redetermined as if the rehearing were the original hearing and determination.
(3) Upon the rehearing proof shall not be made by affidavit of any of the matters required by section 145 (1) to be proved.
(4) If the defendant when called does not appear at the time and place appointed for the rehearing, the court, if it thinks fit, may without rehearing the complaint order that the original order (and, where applicable, warrant) be restored and such order (and, where applicable, warrant) shall be restored to effect accordingly and shall be deemed to have had force and effect on and from the date when the order was first made or, in the case of such warrant, it was first issued.
(4A) However, in the case of such a warrant the time limited for its execution shall begin to run on and from the date of the order restoring it to effect.
(5) Where in the case of a complaint containing a further matter of complaint under section 147 , the matters of complaint have been heard together, then upon and because of the grant of a rehearing of the complaint the order (if any) made against the defendant in respect of such further matter of complaint shall, subject to subsection (6) , cease to have effect and upon the rehearing such further matter of complaint shall be reheard and redetermined as if the rehearing were the original hearing and determination of the original hearing.
(6) If, under subsection (4) , the court orders the original order for the issue of a warrant made upon the complaint to be restored the order (if any) made against the defendant in respect of the further matter of complaint shall, without any order of the court be also restored to effect.
(7) However, the court, upon the application of the complainant and upon proof, which may be by affidavit, of the amount payable and unpaid at the date it restores the order for the issue of a warrant made upon the original complaint, may vary the order made in respect of the further matter of complaint so as to require the payment of such amount.