REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 8 Disability of persons in default.

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REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 8

Disability of persons in default.

8.(1) Where any firm or person by this Act required to furnish a statement of
particulars or of any change in particulars shall have made default in so
doing, then the rights of that defaulter under or arising out of any contract
made or entered into by or on behalf of such defaulter in relation to the
business in respect to the carrying on of which particulars were required to
be furnished at any time while he is in default shall not be enforceable by
action or other legal proceeding either in the business name or otherwise:

Provided always as follows:

(a)The defaulter may apply to the court for relief against the disability
imposed by this section, and the court, on being satisfied that the default
was accidental, or due to inadvertance, or some other sufficient cause, or
that on other grounds it is just and equitable to grant relief, may grant such
relief either generally, or as respects any particular contracts, on condition
of the costs of the application being paid by the defaulter, unless the court
otherwise orders, and on such other conditions (if any) as the court may
impose, but such relief shall not be granted except on such service and such
publication of notice of the application as the court may order, nor shall
relief be given in respect of any contract if any party to the contract proves
to the satisfaction of the court that, if this Act had been complied with, he
would not have entered into the contract;

(b)Nothing herein contained shall prejudice the rights of any other parties as
against the defaulter in respect of such contract as aforesaid;

(c)If any action or proceeding shall be commenced by any other party against
the defaulter to enforce the rights of such party in respect of such contract,
nothing herein contained shall preclude the defaulter from enforcing in that
action or proceeding, by way of counterclaim set off or otherwise, such rights
as he may have against that party in respect of such contract.

(2) In this section the expression "court" means the "High Court" or a judge
thereof:

Provided that, without prejudice to the power of the High Court or a judge
thereof to grant such relief as aforesaid, if any proceeding to enforce any
contract is commenced by a defaulter in a county court, the county court may,
as respects that contract, grant such relief as aforesaid.

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Northern Irish Legislation

REGISTRATION OF BUSINESS NAMES ACT 1916 - SECT 8