New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 3

3 Recovery of land may be refused in cases of retaliatory eviction

(1) The Supreme Court or the Local Court may, where proceedings have been commenced against a tenant in either Court for recovery of land, refuse to give judgment for possession of land or issue a warrant for possession of land, as the case requires, if the Court is satisfied that the person who commenced the proceedings was wholly or partly motivated to do so:

(a) by the fact that the tenant had applied or proposed to apply to the Consumer, Trader and Tenancy Tribunal for an order that an increase in rent or the rent payable by the tenant was excessive, or

(b) by the fact that an order had been made by the Consumer, Trader and Tenancy Tribunal specifying the maximum amount of rent payable by the tenant.

(2) If the Supreme Court or the Local Court is satisfied that a tenant against whom proceedings for recovery of possession of land have been commenced has, within the period of 12 months preceding that commencement, applied to the Consumer, Trader and Tenancy Tribunal for an order referred to in subsection (1) (a) or that an order referred to in subsection (1) (b) is in force in relation to the tenant, the burden lies on the person who commenced the proceedings to prove that the proceedings were not wholly or partly motivated by that fact.