Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Division
prescribed notice means a notice in writing that —
(a)
specifies an act or omission; and
(b)
states that, subject to any order of the Court under section 83D, a
lessor giving the notice proposes to treat that act or omission as having
precluded a lessee on whom the notice is served from exercising an option
contained in the lease.
(2) Where an act or
omission that constituted a breach by a lessee of his obligations under a
lease containing an option would, but for this section, have had the effect of
precluding the lessee from exercising the option, the act or omission shall be
deemed not to have had that effect where the lessee purports to exercise the
option unless, during the period of 14 days next succeeding the purported
exercise of the option, the lessor serves on the lessee prescribed notice of
the act or omission and —
(a) an
order for relief against the effect of the breach in relation to the purported
exercise of the option is not sought from the Court before the expiration of
the period of one month next succeeding service of the notice; or
(b)
where such relief is so sought —
(i)
the proceedings in which the relief is sought are
disposed of, in so far as they relate to that relief, otherwise than by
granting relief; or
(ii)
where relief is granted upon terms to be complied with by
the lessee before compliance by the lessor with the order granting relief, the
lessee fails to comply with those terms within the time stipulated by the
Court for the purpose.
[Section 83C inserted by No. 35 of 1973
s. 3.]