133FCourt may grant relief from breach of certain obligations

#### 133F Court may grant relief from breach of certain obligations 133F Court may grant relief from breach of certain obligations > > (1) Relief referred to in section 133E may be sought— > > > > > (a) in proceedings instituted in the court for the purpose, or > > > > > (b) in proceedings in the court in which— > > > > > > > (i) the existence of an alleged breach by the lessee of the lessee’s obligations under the lease, or > > > > > > > (ii) the effect of the breach from which relief is sought, > > > > > > is in issue. > > > (2) The court may, in proceedings in which relief referred to in section 133E is sought— > > > > > (a) make such orders (including orders affecting an assignee of the reversion) as it thinks fit for the purpose of granting the relief sought, or > > > > > (b) refuse to grant the relief sought. > > > (3) The court may, in proceedings referred to in subsection (2), take into consideration— > > > > > (a) the nature of the breach complained of, > > > > > (b) the extent to which, at the date of the institution of the proceedings, the lessor was prejudiced by the breach, > > > > > (c) the conduct of the lessor and the lessee, including conduct after the giving of the prescribed notice referred to in section 133E(2), > > > > > (d) the rights of persons other than the lessor and the lessee, > > > > > (e) the operation of section 133G, and > > > > > (f) any other circumstances considered by the court to be relevant. > > > (4) The court— > > > > > (a) may make an order under subsection (2) on such terms as to costs, damages, compensation or penalty, or on such other terms, as the court thinks fit, and > > > > > (b) may make any consequential or ancillary order it considers necessary to give effect to an order made under that subsection. > > **s 133F:** Ins 1972 No 17, sec 9 (e). Am 2001 No 77, Sch 1 \[5\].