Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 2.5.26.

Cancellation of notice to quit

2.5.26. Cancellation of notice to quit



(1) A notice to quit under section 2.5.25 may at any time be cancelled and
relief be granted by the Supreme Court subject to any terms the court thinks
fit on application by the occupier and on proof that the occupier has not at
any time-

   (a)  used, allowed or permitted the house or place to be a common gaming
        house or place; or

   (b)  used, allowed or permitted the house or place to be used as a means of
        access to or of exit or escape from a common gaming house or place.

(2) Notice in writing of an application under subsection (1) must, not less
than 72 hours before the hearing of the application, be given to the owner of
the house or place.

(3) On being served on the owner, notice of an application under subsection
(1) operates as a stay of any proceedings under section 2.5.25 until the
matter of the application is determined.