New South Wales Consolidated Acts

MORATORIUM ACT 1932 - SECT 22

22 Power to postpone sales of land for rates by the NSW Trustee and Guardian

(1) Where the council of any municipality or shire applies or has applied to the NSW Trustee and Guardian to sell land, the NSW Trustee and Guardian shall in the prescribed manner notify all persons interested in such land.

(2) Any such person may apply to the court for an order under this section.

(3) In dealing with any application under this section the court shall consider:

(a) whether the owner of the land or the person liable to pay the rates is able to pay the same,

(b) whether the conduct of such owner or person has been such as to entitle him to the benefit of an order,

(c) whether the default in payment has been caused or contributed to by economic or financial conditions affecting trade or industry in the State,

(d) whether the granting of the application would be reasonably likely to enable the applicant, having regard to his circumstances and the economic and financial conditions aforesaid, to meet his obligations within a reasonable time.

(4) On any such application the court may by order postpone the sale of such land.

(5) The court may at any time on the application of such person or of the council, or of the NSW Trustee and Guardian, by order vary or rescind any order made under this section.

(6) In this section
"court" means a judge of the Supreme Court or the District Court.