South Australian Consolidated Acts South Australian Consolidated Acts23—Duty of landlord after service of declaration
Subject to the provisions hereinafter contained and to the person who claims
the goods proceeding, as provided in the next section before the sale thereof,
and obtaining a decision in his favour, if any landlord or any person
authorised by a landlord, after being served with the declaration and
inventory provided for by the last preceding section, levies or proceeds with
a distress on the goods mentioned in the inventory, being the property of the
person by whom or on whose behalf the declaration and inventory was served, or
having been immediately prior to such distress in his lawful possession, that
landlord, and the person so authorised, if any, shall, if the immediate tenant
had at the time of such service no right of property or beneficial interest in
the goods, be deemed guilty of an irregular distress, and be liable to an
action therefor, but shall not be deemed trespassers ab initio .