individual communication to the united nations ... - Community Law

39apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard tothe proceedings and conduct of the parties under the foregoing provisions of this section, and to allthe other circumstances thinks fit; and in case of relief may grant it on such terms (if any) as to costs,expenses, damages, compensation, penalty or otherwise, including the granting of an injunction torestrain any like breach in the future, as the Court, in the circumstances of each case, thinks fit.s. 146S. 146(3) amended by Nos 110/1986 s. 140(2), 35/1996 s. 453(Sch. 1 item 68.2), 82/2005 s. 51(d).(3) A lessor shall be entitled to recover as a debt due to him from a lessee, or from theassignee or transferee of a lessee (where the assignment or transfer has been with the expressconsent of the lessor and the breach of covenant or condition, including any breach amounting torepudiation, has occurred since the assignment or transfer) or partly from the lessee and partly fromthe assignee or transferee and in addition to damages (if any), all reasonable costs and expensesproperly incurred by the lessor in the employment of a legal practitioner and surveyor or valuer, orotherwise, in reference to any breach giving rise to a right of re-entry or forfeiture which, at therequest of the lessee, is waived by the lessor, or from which the lessee is relieved, under theprovisions of this Part either by the Court or by the operation of subsection (1) of this section. Andthe lessor shall be so entitled to recover whether the lessee has or has not rendered forfeitureunenforceable against him under that subsection.S. 146(4) amended by Nos 110/1986 s. 140(2), 82/2005 s. 51(e).(4) Where a lessor is proceeding by action or otherwise to enforce or has enforced aright of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, or otherwisearising by operation of law, or for non-payment of rent, or for any breach amounting to repudiationwhich the lessor has accepted as such, the Court may, on application by any person claiming asunder-lessee any estate or interest in the property comprised in the lease or any part thereof, makean order vesting, for the whole term of the lease or any less term, the property comprised in thelease or any part thereof in any person entitled as under-lessee to any estate or interest in suchproperty upon such conditions as to execution of any deed or other document, payment of rent,costs, expenses, damages, compensation, giving security, or otherwise, as the Court in thecircumstances of each case may think fit, but in no case shall any such under-lessee be entitled torequire a lease to be granted to him for any longer term than he had under his original sub-lease.s. 146(5) For the purposes of this section except so far as is otherwise provided—(a) lease includes an original or derivative under-lease; also an agreement for a leasewhere the lessee has become entitled to have his lease granted; also a grant securing a rent bycondition;(b) lessee includes an original or derivative under-lessee, and the persons deriving titleunder a lessee; also a grantee under any such grant as aforesaid and the persons deriving title underhim;Ashling Gandy v Australia, Individual Communication to the Human Rights Committee