Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 80

    (1)     A tenant may proceed for relief in the Court within the time specified in section 79(4).

    (2)     The Court may grant the tenant relief under this section if, within the time fixed by the Court, the tenant brings into the Court—

        (a)     the rent and arrears and other sums payable under the judgment; and

        (b)     the taxed costs of the proceeding under section 79.

    (3)     The Court may—

        (a)     determine the amount referred to in subsection (2)(a) if the parties cannot agree on its amount;

        (b)     order that any money brought into the Court under subsection (2)—

              (i)     remain in the Court until the hearing of the proceeding; or

              (ii)     be paid to the landlord on good security.

    (4)     If a proceeding for relief is brought after the enforcement of the judgment, the landlord is accountable only for so much as the landlord really and in good faith (without fraud, deceit or wilful neglect) received in respect of the land from the time of entering into actual possession of it.

    (5)     If the amount received by the landlord is less than the rent reserved on the lease, the tenant must, before being restored to possession, pay to the landlord the amount of the shortfall for the period the landlord was in possession.

    (6)     A tenant who is granted relief under this section holds the land under the terms of the lease without the need for a new lease.

    (7)     In subsection (6) "tenant" includes the executor, administrator or assignee of a tenant.

No. 6387 s. 117.