On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 30/12/1999.
PART IV
HIRERS
Statutory rights of hirers
8.
—(1) An owner shall, within 14 days of the receipt thereof, comply with a written request made to him by a hirer, at any time before final payment has been made, whereby the hirer requires either a copy of the hire-purchase agreement between the parties or a statement signed by the owner or his agent showing —
(a)
the amount paid to the owner by or on behalf of the hirer;
(b)
the amount which has become due under the agreement but remains unpaid; and
(c)
the amount which is to become payable under the agreement,
or both such copy of the agreement and the statement.
(2) Notwithstanding subsection (1), an owner need not comply with such a request —
(a)
if he has sent the hirer the document requested within a period of 3 months immediately preceding the request; or
(b)
unless the request is accompanied by a payment of $2 if the hirer makes a second or subsequent request for a copy of the hire-purchase agreement between the parties after the owner has previously complied with such a request.
(3) In the event of a failure without reasonable cause to comply with subsection (1) then, while the default continues —
(a)
the owner shall not be entitled to enforce —
(i)
the agreement against the hirer;
(ii)
any right to recover the goods from the hirer; or
(iii)
any contract of guarantee relating to the agreement; or
(b)
any security given by the hirer in respect of money payable under the agreement or given by a guarantor in respect of money payable under a contract of guarantee relating to the agreement shall not be enforceable against the hirer or the guarantor by any holder thereof.
(4) If the default continues for a period of one month, the owner shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.
9.
—(1) A hirer who is liable to make payments in respect of 2 or more hire-purchase agreements to the same owner shall, notwithstanding any agreement to the contrary, be entitled, on making any payment in respect of the agreements which is not sufficient to discharge the total amount then due under all the agreements, to require the owner to appropriate the sum so paid by him in or towards the satisfaction of the sum due under any one of the agreements, or in or towards the satisfaction of the sums due under any 2 or more of the agreements in such proportions as he thinks fit.
(2) If the hirer fails to make any such appropriation as mentioned in subsection (1), the payment shall by virtue of this section be appropriated towards the satisfaction of the sums due under the respective hire-purchase agreements in the order in which the agreements were entered into.
10.
—(1) Where, by virtue of a hire-purchase agreement, it is the duty of a hirer to keep the goods comprised in the agreement in his possession or control at a particular place or not to remove the goods from a particular place and the owner fails or refuses to give his consent to the request of the hirer for approval to remove the goods from the place, the court may, on the application of the hirer, make an order approving the removal of the goods to some other place which place shall, for the purposes of the agreement, be substituted for the place mentioned in the agreement.
(2) No order shall be made under subsection (1) if the owner satisfies the court that he had good reason for failing or refusing to give his consent.
11.
—(1) The right, title and interest of a hirer under a hire-purchase agreement may be assigned with the consent of the owner, or if his consent is unreasonably withheld, without his consent.
(2) Except as otherwise provided in this section, no payment or other consideration shall be required by an owner for his consent to such an assignment as is mentioned in subsection (1) and where an owner requires any such payment or other consideration for his consent, that consent shall be deemed to be unreasonably withheld.
(3) Where, at the request of a hirer under a hire-purchase agreement, the owner fails or refuses to give his consent to an assignment by the hirer of his right, title and interest under the agreement, the hirer may apply to a court for an order declaring that the consent of the owner to that assignment has unreasonably been withheld.
(4) Where an order is made under subsection (3) the consent shall be deemed to be unreasonably withheld.
(5) As a condition of granting consent to an assignment of the right, title and interest of the hirer under a hire-purchase agreement, the owner may stipulate that all defaults under the agreement shall be made good and may require the hirer and assignee —
(a)
to execute and deliver to the owner an assignment in a form approved by the owner whereby, without prejudicing or affecting the continuing personal liability of the hirer in those respects, the assignee agrees with the owner to be personally liable to pay the instalments remaining unpaid and to perform and observe all other stipulations and conditions of the hire-purchase agreement during the residue of the term thereof and whereby the assignee indemnifies the hirer in respect of those liabilities; and
(b)
to pay to the owner any reasonable costs incurred by the owner (including legal expenses) in preparing, drawing, stamping or registering the assignment, agreement or counterparts.
12.
—(1) The right, title and interest of a hirer under a hire-purchase agreement shall be capable of passing by operation of law to the personal representative of the hirer and if the hirer is a company the liquidator may exercise the same right under the agreement as the company.
(2) Nothing in this section shall relieve any personal representative or liquidator from compliance with the provisions of the hire-purchase agreement.
13.
—(1) The hirer under a hire-purchase agreement may, if he has given notice in writing to the owner of his intention to do so, on or before the day specified for that purpose in the notice, complete the purchase of the goods by paying or tendering to the owner the net balance due under the agreement.
(2) For the purposes of subsection (1), the net balance due is the balance originally payable under the agreement less —
(a)
any amount (other than the deposit) paid or provided by or on behalf of the hirer under the agreement;
(b)
the statutory rebate for terms charges; and
(c)
the statutory rebate for insurance where the hirer requires any policy of insurance to be cancelled if such policy has been taken out for his benefit and the premiums in respect thereof have been paid for by the owner.
(3) The rights conferred on the hirer by this section may be exercised by him —
(a)
at any time during the continuance of the agreement; or
(b)
where the owner has taken possession of the goods, upon payment to the owner (within 14 days after the owner has served a notice in the form set out in the Fifth Schedule) in addition to the net balance due together with the reasonable costs including costs (if any) of storage, repair or maintenance of the goods incurred by the owner incidental to his taking possession of the goods.
14.
—(1) The hirer of any goods comprised in a hire-purchase agreement may terminate the hiring by returning the goods to the owner during ordinary business hours at the place at which the owner ordinarily carries on business or to the place specified for that purpose in the agreement.
(2) Where the nature of the goods comprised in a hire-purchase agreement or the facilities available at the place or places of business of the owner or the place specified in the agreement is or are such that it would be impracticable to return the goods to such a place, the hirer may terminate the hiring by returning the goods to any place agreed to by the parties to the agreement.
(3) Where the parties fail to agree, the hirer who proposes to return the goods to the owner under this section may, subject to subsection (5), apply to a court for an order fixing the place to which the goods may be returned.
(4) The court —
(a)
shall fix the place that is in its opinion reasonable having regard to all the circumstances surrounding the transaction; and
(b)
may order that, subject to the goods being returned to the owner, the hiring shall be terminated on such date as is specified in the order.
(5) Notice of an application under subsection (3) shall be given to the owner by the hirer.
(6) When a hire-purchase agreement is terminated under this section, the owner is entitled to recover from the hirer —
(a)
the amount (if any) required to be paid in those circumstances under the agreement; or
(b)
the amount (if any) that the owner would have been entitled to recover if he had taken possession of the goods at the date of termination of the hiring,
whichever is the less.
Repossession
15.
—(1) Subject to this section, an owner shall not exercise any power of taking possession of goods comprised in a hire-purchase agreement arising out of any breach of the agreement relating to the payment of instalments until he has served on the hirer a notice, in writing, in the form set out in the Fourth Schedule and the period fixed by the notice has expired, which shall not be less than 14 days after the service of the notice.
(2) An owner need not comply with subsection (1) if there are reasonable grounds for believing that the goods comprised in the hire-purchase agreement will be removed or concealed by the hirer contrary to the provisions of the agreement, but the onus of proving the existence of those grounds shall lie upon the owner.
(3) Within 14 days after the owner has taken possession of goods that were comprised in a hire-purchase agreement, he shall serve on the hirer and every guarantor of the hirer a notice, in writing, in the form set out in the Fifth Schedule.
(4) Where the owner takes possession of goods that were comprised in a hire-purchase agreement, he shall —
(a)
deliver or cause to be delivered to the hirer personally a document acknowledging receipt of the goods; or
(b)
if the hirer is not present at that time send to the hirer immediately after taking possession of the goods a document acknowledging receipt of the goods.
(5) The document acknowledging receipt of the goods required under subsection (4) shall set out a short description of the goods and the date on which, the time at which and the place where the owner took possession of the goods.
(6) If the notice required by subsection (3) is not served, the rights of the owner under the hire-purchase agreement shall thereupon cease and determine.
(7) If the hirer exercises his rights under this Act to recover the goods so taken possession of, the agreement shall have the same force and effect in relation to the rights and liabilities of the owner and the hirer as it would have had if the notice under subsection (3) had been duly given.
16. Where an owner has taken possession of any goods, he shall not, without the written consent of the hirer, sell or dispose of the goods or part with possession thereof —
(a)
until after the expiration of 14 days after the date of the service on the hirer of the notice referred to in section 15(3); or
(b)
if notice under section 17(1)(a) has been given, until the time for payment or tender pursuant to that notice has expired,
whichever is the later.
17.
—(1) Where the owner takes possession of any goods comprised in a hire-purchase agreement —
(a)
the hirer may, within 14 days after the service on him of the notice referred to in section 15(3), by giving to the owner a notice in writing signed by the hirer or his agent —
(i)
require the owner to redeliver to or to the order of the hirer (subject to compliance by the hirer with section 18) the goods that have been repossessed; or
(ii)
require the owner to sell the goods to any person introduced by the hirer who is prepared to buy the goods for cash at a price not less than the estimated value of the goods set out in the first-mentioned notice; or
(b)
the hirer may recover from the owner —
(i)
if the value of the goods at the time of the owner so taking possession thereof is less than the net amount payable but the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement exceeds the net amount payable — the difference between that total and the net amount payable; or
(ii)
if the value of the goods at the time of the owner so taking possession thereof is equal to or greater than the net amount payable — the total of that value and the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement, less the net amount payable.
(2) Where the owner takes possession of any goods comprised in a hire-purchase agreement, the owner is not entitled to recover any sum (whether under a judgment or order or otherwise) which if added together with —
(a)
the value of the goods at the time of the owner so taking possession thereof; and
(b)
the amount paid or provided, whether by cash or other consideration, by or on behalf of the hirer under the agreement,
exceeds the net amount payable in respect of the goods.
(3) For the purposes of this section —
(a)
the net amount payable is the total amount payable less the statutory rebates for terms charges and insurance as at the time of the owner taking possession of the goods; and
(b)
the value of any goods at the time of the owner taking possession thereof is —
(i)
the best price that could be reasonably obtained by the owner at that time; or
(ii)
if the hirer has introduced a person who has bought the goods for cash, the amount paid by that person,
less —
(A)
the reasonable costs incurred by the owner of and incidental to his taking possession of the goods;
(B)
any amount properly expended by the owner on the storage, repair or maintenance of the goods; and
(C)
(whether or not the goods have subsequently been sold or disposed of by the owner) the reasonable expenses of selling or otherwise disposing of the goods.
(4) Where the owner has sold goods of which he has taken possession, the onus of proving that the price obtained by him for the goods was the best price that could be reasonably obtained by him at the time when he took possession of the goods shall lie upon the owner.
(5) No amount is recoverable by the hirer under this section except where the owner has failed to serve on the hirer a notice as required by section 15(3) unless —
(a)
the hirer, within 14 days after the owner has served a notice as required by section 15(3), gives to the owner notice in writing —
(i)
setting out the amount claimed under this section and the amount that is claimed by the hirer to be the value of the goods at the time of the owner taking possession thereof; and
(ii)
signed by the hirer or his advocate and solicitor or agent; and
(b)
proceedings for the recovery of the amount so claimed under this section are commenced not later than 3 months after the giving by the hirer to the owner of the notice referred to in paragraph (a).
(6) If, before the proceedings referred to in subsection (5) are commenced by the hirer, the owner serves an offer in writing on the hirer to pay any amount in satisfaction of the claim by the hirer under this section, the owner, in the proceedings, is entitled to pay into court the amount so offered and, upon so doing, is entitled to the same rights as he would have had if that amount had been tendered to the hirer before the proceedings were commenced.
(7) No such right as is referred to in subsection (6) shall be available to the owner in any proceedings by the hirer to recover the amount so offered or any lesser amount if the hirer, before commencing the proceedings, notifies the owner in writing of the acceptance by the hirer of the amount so offered.
18.
—(1) If, within 14 days after giving notice to the owner under section 17(1)(a), the hirer —
(a)
pays or tenders to the owner any amount due by the hirer under the hire-purchase agreement in respect of the period of hiring up to the date of the payment or tender (and for the purposes of this paragraph the hiring shall be deemed to have continued up to that date);
(b)
remedies any breach of the agreement or (where he is unable to remedy the breach by reason of the fact that the owner has taken possession of the goods) pays or tenders to the owner the costs and expenses reasonably and actually incurred by the owner in doing any act, matter or thing necessary to remedy the breach; and
(c)
pays or tenders to the owner the reasonable costs and expenses of the owner of and incidental to his taking possession of the goods and of his returning them to the hirer,
the owner shall forthwith return the goods to the hirer.
(2) The goods shall be received and held by the hirer pursuant to the terms of the hire-purchase agreement as if the breach had not occurred and the owner had not taken possession thereof.
(3) Where goods are returned to the hirer under subsection (1) and any breach of the hire-purchase agreement has not been remedied, the owner has no right arising out of the breach to take possession of the goods unless —
(a)
by notice in writing given to the hirer at the time of the return of the goods he specifies the breach and requires it to be remedied; and
(b)
the hirer fails within 14 days or within the time specified in the notice (whichever is the longer) after receiving the notice to remedy the breach.
19. In any proceedings arising out of a hire-purchase agreement, after the owner has taken possession of the goods, the court before which the proceedings are brought may vary or discharge any judgment or order of the court against the hirer for the recovery of money so far as is necessary to give effect to section 17.