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Compensation where lessee not entitled to new lease.
[1958, s. 16 (1)-(4), (6), (7)]
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59.—(1) Where the Court is satisfied that a person (in this section referred to as the disentitled person) would, but for section 33 (1), 33 (2) or 33 (3) be entitled to a lease under Part III, compensation in lieu of the lease shall be paid in accordance with this section.
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(2) The compensation shall be paid by the successful objector or if there is more than one successful objector by them in such proportions as the Court may determine.
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(3) The measure of compensation under this section shall be the pecuniary loss, damage or expense which will, in the opinion of the Court, be suffered by the disentitled person as a direct consequence of the disentitled person having been declared not to be entitled to a lease.
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(4) The compensation payable to a disentitled person shall become due and payable on the occurrence of whichever of the following events is the later, that is to say, the expiration of one month after the amount of the compensation is fixed or the date on which the disentitled person's lease terminates either by effluxion of time or by agreement between the parties to it.
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(5) Where the compensation awarded under this section is not paid within the time specified in subsection (4) or within such extended time as the Court may allow, the following provisions shall have effect:
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(a) any disentitled person shall thereupon become entitled to obtain from his immediate lessor a lease under Part III of the relevant land,
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(b) the provisions of sections 31 (1) and 33 shall not apply,
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(c) the granting of the lease shall operate as a discharge of the award of compensation, and
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(d) the Court may make an order for the payment by the successful objector of such other compensation as it considers proper for the pecuniary loss, damage or expense which the disentitled person has suffered as a direct consequence of the declaration of disentitlement to a lease.
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(6) In this section “successful objector” shall, where the context so admits, be construed as including the personal representatives and successors in title of the objector.
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