Australia: Civil Law

When a tenant breaches a lease, landlords may terminate through forfeiture, but tenants can seek court relief to reinstate the lease under section 129 of the Conveyancing Act 1919 (NSW). Understanding the legal principles, procedural requirements, and factors courts consider when granting relief against forfeiture is essential for both landlords and tenants navigating lease disputes.

The case provides clear confirmation of the principles applied in determining whether a duty of care exists and establishing negligence.

The accepted practice can only be determined by reference to agreed or determined facts.