South Australian Consolidated Acts South Australian Consolidated Acts (1) On the hearing of
any action brought by a landlord against a tenant for recovery of the demised
premises the judge, if satisfied that the defendant has been served with due
notice of the hearing, shall, whether the defendant appears on the trial or
not, permit the plaintiff, after proof of his right to recover possession of
the whole or of any part of the demised land, to adduce evidence of the mesne
profits thereof, which accrued or might have accrued from the day of the
expiration or determination of the tenant's interest in the land, down to the
time of the judgment given in the action, or to some preceding day to be
specially mentioned therein; and judgment shall be given upon the whole
matter, both as to the recovery of the whole or any part of the land, and also
as to the amount of the damages to be paid for such mesne profits; and in such
case the landlord shall have judgment, not only for the recovery of possession
and costs, but also for the mesne profits found.
(2) Nothing in this
section shall be construed to bar any landlord from bringing any action for
the mesne profits which accrue from the time of the judgment or the day so
specified therein, down to the day of the delivery of possession of the
premises recovered in the action.