HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 42 Restriction on separate action.

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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 42

Restriction on separate action.

42€.(1) Where the owner has brought an action to enforce a right to recover
possession of protected goods from the hirer, and

(a)the court has made an order in that action under section 35(4) or
section 39(1)(c) (in this section referred to as "the previous order"), and

(b)the previous order has not been complied with, or, in a case where the
operation of that order was postponed, the hirer or any guarantor has failed
to comply with any condition of the postponement, or with any term of the
agreement as varied by the court, or has wrongfully disposed of the goods, and

(c)the owner has not recovered possession of all the goods which under
the previous order were directed to be delivered to him,

(2) Any application under this section shall be made to the court by which
the previous order was made, and (whether the operation of the previous order
was postponed or not) shall be made in the action in which that order was
made.

(3) On any such application the court shall have power, if in the
circumstances it considers it just to do so,

(a)to revoke the previous order, and

(b)to make an order for the payment (in any manner in which money may be
ordered to be paid by the court) of a sum determined in accordance with
subsection (4).

(4) Subject to any reduction under subsection (6), the sum referred to in
paragraph (b) of subsection (3) shall be a sum equal to the balance of the
price of the unrecovered goods which remains outstanding at the date when the
order under that paragraph is made.

(5) The power to make an order under subsection (3)(b) shall be exercisable
against any person who, at the time when the order is made, is (apart from
the previous order) liable to pay any sum which has then accrued due under the
agreement; and on the making of such an order the owner's title to
the unrecovered goods shall vest in the person against whom the order is made.

(6) Where the court makes an order under subsection (3)(b), the court shall
deduct from the balance referred to in subsection (4) such amount as the court
thinks just, having regard to the extent to which the order requires any part
of that balance to be paid at a date earlier than the date on which it would
have become payable in accordance with the agreement.

[(7) Where an order has been made under subsection (3)(b) after the making of
an enforcement order made for the purposes of enforcing the previous order,
the Enforcement of Judgments Office shall, subject to rules of court, set
aside the enforcement order.]

(8) In this section

(a)"the unrecovered goods" means those goods which, under the previous order,
were directed to be delivered to the owner but of which he has not recovered
possession at the time when the court makes the order under subsection (3)(b);

(b)"price" has the meaning assigned to it by section 37(2), and any reference
to the balance of the price of any goods remaining outstanding shall be
construed accordingly; and

Para.(c) rep. by 1969 c.30 (NI) s.132 sch.6

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Northern Irish Legislation

HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 42