Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 40

Effect of irregularity

40. Effect of irregularity

Where the landlord at the time of applying for such warrant as aforesaid had
lawful right to the possession of the premises or of the part thereof so held
over as aforesaid, neither the landlord nor his agent nor any other person
acting on his behalf shall be deemed to be a trespasser by reason merely of
any irregularity or informality in the mode of proceeding for obtaining
possession under the authority of this Part. But the party aggrieved may if he
thinks fit bring an action for such irregularity or informality, in which the
damage alleged to be sustained thereby shall be specially laid and may recover
full satisfaction for such special damage together with costs.