assignee covenanted to fence boundaries, keep buildings in repair, not
diminish support to buildings in S’s land
o
lease included re-entry right on default
o
must look at the conduct of the lessee over a period of time, the nature and
gravity of the breach, and its relation to the value of the contract, whether the
lessee is in a position to remedy and whether the conduct was wilful
applied in Qld in
Pioneer Gravels –
a court has discretion to intervene to relieve against
forfeiture for breach of covenants, including breach of covenant to pay rent
s 124 PLA – where the lessor is claiming forfeiture, the lessee may claim for relief – the
court will look at proceedings and conduct of the parties, and all the other circumstances, as
it thinks fit, and may grant relief on any terms
o
generally a lessee will need to demonstrate fraud, accident, mistake, ignorance, or
unconscionable conduct of the lessor:
Melacare International
124 Restriction on and relief against forfeiture
(2) Where a lessor is proceeding by action or otherwise to enforce
such a right of re-entry or forfeiture, or has re-entered without
action the lessee may, in the lessor’s action (if any) or in
proceedings instituted by the lessee, apply to the court for relief,
and the court, having regard to the proceedings and conduct of the
parties under subsection (1), and to all the other circumstances,
may grant or refuse relief, as it thinks fit, and in case of relief may
grant the same on such terms (if any) as to costs, expenses,
damages, compensation, penalty or otherwise, including the
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