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Business Tenancies (Fair Dealings) Act 2003
102Orders at inquiry
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102 Orders at inquiry
(1) At an inquiry, the Hearing Commissioner may make any one or
more of the following orders that he or she considers appropriate:
(a) an order that a party to the application:
(i) pay money to a person specified in the order, whether by
way of debt, damages, compensation or restitution; or
(ii) refund money paid by a specified person;
(b) an order that:
(i) a specified amount of money is not due or owing by a
party to the application to a specified person; or
(ii) a party to the application is not entitled to a refund of any
money paid to another party to the proceedings;
(c) an order that a party to the application:
(i) do specified work or perform a specified service or
obligation arising under this Act or the terms of a lease;
or
(ii) surrender possession of specified premises to another
person; or
(iii) assign his or her or its rights under a lease to a specified
person; or
(iv) do or perform, or refrain from doing or performing, a
specified act, matter or thing;
Business Tenancies (Fair Dealings) Act 2003 65
(d) an order, by consent of the parties, requiring the parties to the
proceedings to rectify a lease;
(e) an order:
(i) that a lease is invalid or a provision in a lease is void for
inconsistency with this Act or the Regulations; or
(ii) that a landlord is not entitled to withhold consent to an
assignment of the rights of a tenant; or
(iii) relating to the rights and liabilities of the parties under
law, whether or not consequential relief is or could be
claimed;
(f) an order, in the nature of an interlocutory order of a kind
mentioned in paragraphs (a) to (e), that the person thinks
proper to be made to resolve or assist resolution of the retail
tenancy claim.
(2) The Hearing Commissioner may do either or both of the following:
(a) make the ancillary orders he or she thinks necessary to
enable an order under this section to have full effect;
(b) impose on an order conditions he or she considers
appropriate.