South Australian Consolidated Acts

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LANDLORD AND TENANT ACT 1936 - SECT 9

9—Relief against forfeiture for non-payment of rent

        (1)         In the case of any action in the Supreme Court for recovery of land on forfeiture for non-payment of rent, the court or a judge may, upon summons, give relief on equitable grounds in a summary manner, up to and within the same time after execution executed, and subject to the same terms and conditions in all respects as to payment of rent, costs, and otherwise, as would have applied in the Supreme Court in its equitable jurisdiction before the passing of the Supreme Court Act 1878 .

        (2)         If the lessee, his executors, administrators, or assigns are so relieved, they shall hold the demised lands according to the terms of the lease and without any new lease.

        (3)         If such relief is granted, the court or judge shall direct a minute thereof to be made, by endorsement on the lease or otherwise.



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