COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 26

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 26

26 .         SAT’s powers to make orders

        (1)         Without limiting any power to make an order that is conferred by the State Administrative Tribunal Act 2004 but subject to this Act the Tribunal may make —

            (a)         an order that requires a party to any matter before it to pay money to a person specified in the order; or

            (b)         an order for a party to any matter before it to do, or refrain from doing, anything specified in the order; or

            (c)         an order dismissing any matter before it.

        (1a)         The power in subsection (1)(b) includes power for the Tribunal to order the parties to enter into an agreement varying a retail shop lease as specified in the order where the Tribunal has found that the tenant under the lease was before entering into the lease misled by the landlord as to the meaning or effect of a term or condition of the lease.

        (1aa)         The Tribunal may, where it considers it appropriate to do so to resolve the matter concerned, make an order terminating a retail shop lease.

        (2)         In considering whether to make an order under the State Administrative Tribunal Act 2004 section 87(2) in a proceeding, the Tribunal may have regard to a certificate issued under section 25C that relates to the proceeding.

        (3)         An order of the Tribunal requiring anything to be done or discontinued may fix the time within which that thing is to be done or discontinued, as the case may be.

        (4)         The Tribunal may allow any equitable claim or defence, and give any equitable remedy, in a matter before it that the Supreme Court may allow or give.

        [Section 26 amended: No. 48 of 1990 s. 20; No. 66 of 1998 s. 11; No. 55 of 2004 s. 129; No. 5 of 2008 s. 21; No. 20 of 2011 s. 33; No. 59 of 2011 s. 22.]