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Section 14: Postponed orders

Hire Purchase and Credit Sale Act

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

14. Postponed orders (1) Where a postponed order for the specific delivery of goods of the dealer has been made under section 12 (4) (b), the powers of the Court under section 13 (4) (a) and (c) may be exercised, notwithstanding that any condition of the postponement has not been complied with, at any time before the goods are delivered to the dealer in accordance with a warrant issued in pursuance of the order, and where such a warrant has been issued the Court shall— (a) where the Court varies the conditions of the postponement under section 13 (4) (a), suspend the warrant on the like conditions; (b) where the Court makes an order under section 13 (4) (c) for the specific delivery of a part of the goods to the dealer and for the transfer to the hirer of the dealer’s title to the remaining part, cancel the warrant so far as it provides for the delivery of the last mentioned part of the goods. (2) At any time before the delivery of goods to the dealer in accordance with a warrant issued under subsection (1), the warrant may, so far as it provides for the delivery of the goods, be discharged by the payment to the dealer by the hirer or any guarantor of the whole of the unpaid balance of the hire purchase price, and in any such case the dealer’s title to the goods shall vest in the hirer. (3) (a) Subject to paragraph (b), where in an action to which section 12 applies an offer as to conditions for the postponement of the operation of an order under subsection (4) (b) of that section is made by the hirer and accepted by the dealer in accordance with Rules of Court, an order under that subsection may be made by the Court in accordance with the offer without hearing evidence as to matters specified in section 12 (4) (b) or (5). (b) Where a guarantor is a party to the action, no such order shall be made before the date fixed for the hearing of the action. [S. 14 amended by Act 1 of 1995.]

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