Victorian Current Acts

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SUPREME COURT ACT 1986 - SECT 56

Recovery of apportioned parts

    (1)     In this section—

"person" includes the executor, administrator or assignee of a person and the executor, administrator or assignee of a person whose interest determines with that person's death;

"landlord" means the person who, if the rent for any land had not been apportionable, would have been entitled to the entire or continuing rent for that land.

    (2)     Subject to subsection (3), the person entitled to the apportioned part of a payment referred to in section 54 may recover that part, when payable, in the same way as that person could recover the entire payment if entitled to it.

    (3)     The apportioned part of a payment of rent for any land is not by itself recoverable from the person liable to pay the rent but may be recovered from that person by the landlord together with the remaining part of the payment and, if the landlord does so, the person entitled to that apportioned part may then recover it from the landlord.

Division 7—Interest

No. 6387 s. 77.



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