QLDIn ForceAct
Property Law Act 2023
sec.160Proceedings for relief against forfeiture
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### sec.160 Proceedings for relief against forfeiture
The lessee or a designated person for the lease may apply to the court for relief against the forfeiture, or proposed forfeiture, of the lease because of a breach by the lessee of a term of the lease.
The application may be—
an originating process; or
made in a proceeding brought by the lessor for recovery of possession of the land.
An application mentioned in subsection (2) (b) must be made—
if the lessor has re-entered the land under section 156 or 157 (2) (a) —within 1 month after the re-entry; or
if the lessor has applied to the court for recovery of possession of the land—before an order for possession of the land is made by the court.
The court may extend the period in which the lessee or designated person may bring an application under subsection (3) (a) if the court considers it appropriate.
(sec.160-ssec.1) The lessee or a designated person for the lease may apply to the court for relief against the forfeiture, or proposed forfeiture, of the lease because of a breach by the lessee of a term of the lease.
(sec.160-ssec.2) The application may be— an originating process; or made in a proceeding brought by the lessor for recovery of possession of the land.
(sec.160-ssec.3) An application mentioned in subsection (2) (b) must be made— if the lessor has re-entered the land under section 156 or 157 (2) (a) —within 1 month after the re-entry; or if the lessor has applied to the court for recovery of possession of the land—before an order for possession of the land is made by the court.
(sec.160-ssec.4) The court may extend the period in which the lessee or designated person may bring an application under subsection (3) (a) if the court considers it appropriate.
- (a) an originating process; or
- (b) made in a proceeding brought by the lessor for recovery of possession of the land.
- (a) if the lessor has re-entered the land under section 156 or 157 (2) (a) —within 1 month after the re-entry; or
- (b) if the lessor has applied to the court for recovery of possession of the land—before an order for possession of the land is made by the court.