11Definitions

11 Definitions

11 Definitions

(1) In this Act, unless the context or subject matter otherwise indicates or requires—

Action includes any proceeding in a court.

Beneficiary, when used in relation to an order under section 60D or 60H or an application for such an order, means a person for whose benefit an action might be, or might have been, brought under the Compensation to Relatives Act 1897.

Breach of duty, when used in relation to a cause of action for damages for personal injury, extends to the breach of any duty (whether arising by statute, contract or otherwise) and includes trespass to the person.

Crown includes not only the Crown in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Deed includes an instrument having the effect of a deed under the law of New South Wales or, in the case of an instrument executed pursuant to the law of—

(a) the United Kingdom of Great Britain and Northern Ireland,

(b) another State of the Commonwealth,

(c) the Commonwealth,

(d) a Territory of the Commonwealth, or

(e) New Zealand,

having the effect of a deed under the law pursuant to which it is executed.

Income includes interest on a judgment and other interest, and includes rent annuities and dividends, but does not include arrears of interest secured by a mortgage and lawfully treated as principal.

Judgment includes not only a judgment of a court of New South Wales but also a judgment of a court of the United Kingdom of Great Britain and Northern Ireland, a court of another State of the Commonwealth, a court of the Commonwealth, a court of a Territory of the Commonwealth, or a court of any other place.

Land includes—

(a) corporeal hereditaments and rentcharges and any estate or interest therein whether freehold or leasehold and whether at law or in equity, and

(b) the interest pending sale of land (including incorporeal hereditaments) held on trust for sale of a person having an interest in the proceeds of sale,

but does not include easements or profits à prendre nor, subject to paragraphs (a) and (b) of this definition, other incorporeal hereditaments.

Landlord means a person entitled to land subject to a lease.