Section 123 — Conveyancing Act 1919 (NSW)

Where any licence to do any act which without such licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is given to any lessee or the lessee’s assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made, or to be made, or to the actual assignment under-lease or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach (unless otherwise specified in such licence), and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and shall be available as against any subsequent breach of covenant or condition assignment under-lease or other matter not specifically authorised or made dispunishable by such licence in the same manner as if no such licence had been given, and the condition or right of re-entry shall be and remain in all respects as if such licence had not been given except in respect of the particular matter authorised to be done.

Related sections

• s 120A — Abolition of interesse termini and as to reversionary leases
• s 121 — Chief leases may be renewed without surrendering under-leases
• s 122 — When reversion on a lease is surrendered etc the next estate to be deemed the reversion
• s 124 — Restricted operation of partial licences
• s 125 — Attornment etc
• s 126 — Contract for lease not part of title to lease

Research how courts apply s 123

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.