Victorian Current Acts Victorian Current Acts(1) Every person having any estate or interest in any real or personal property determinable upon a life or lives who after the determination of such life or lives without the express consent of the person or persons next immediately entitled upon or after such determination holds over or continues in possession of such real or personal property estate or interest or of the rents profits or income thereof shall be liable in damages or to an account for such rents and profits or both to the person or persons entitled to such property estate interest rents profits or income after the determination of such life or lives.
(2) Where a reversion remainder or other estate or interest in real or personal property is expectant upon the determination of a life or lives the reversioner remainderman or other person entitled to such reversion remainder or other estate or interest may in an action claiming relief on the basis that such life or lives has or have determined give evidence by himself or some other credible witness or witnesses of belief that such life or lives has or have been determined and of the grounds of such belief and thereupon the Court may in its discretion order that unless the person or persons on whose life or lives such reversion remainder or other estate or interest is expectant is or are produced in court or is or are otherwise shown to be living such person or persons shall for the purposes of such action be accounted as dead and relief may be given accordingly.
(3) If in such action the last-mentioned person or persons is or are shown to have remained beyond Australia, or otherwise absented himself or themselves from the place or places in which if in Australia he or they might be expected to be found, for the space of seven years or upwards such person or persons if not proved to be living shall for the purposes of such action be accounted as dead and relief may be given accordingly.
S. 274(4) amended by No. 110/1986 s. 140(2).
(4) If in any such action judgment has been given against the plaintiff and afterwards such plaintiff brings a subsequent action upon the basis that such life or lives has or have determined the Court may make an order staying such action either permanently or until further order or for such specified time as it thinks fit.
(5) If in consequence of the judgment given in any such action any person having any estate or interest in any real or personal property determinable on such life or lives has been evicted from or deprived of any real or personal property or any estate or interest therein and afterwards it appears (in an action brought for the recovery of such property or any part thereof or of any estate or interest therein or for damages for being evicted therefrom or deprived thereof or for an account of rents profits and income or for the reimbursement of the whole or part of the costs of the former action or for interest at such rate as the Court thinks fit or for all or some or any of these matters which action so far as it is appropriate in the circumstances it is hereby declared may notwithstanding anything hereinbefore contained or in the judgment in the former action contained be brought) that such person or persons on whose life or lives such estate or interest depends is or are living or was or were living at the time of such eviction or deprivation the Court may give such relief as is appropriate in the circumstances.
Pt 9
(Heading and ss 275–302) inserted by No. 91/1987 s. 3,
amended by Nos 57/1989 s. 3(Sch. items 166.7, 166.8), 23/1998
ss 5–7, 8(4), 27/2001 s. 3(Sch. 1 item 9) (as amended by No.
72/2001 s. 4(a)), repealed by No. 12/2008 s. 72.
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