A court may proceed ex parte on an application under s 92 of the Consumer Credit Code for authorisation to enter residential premises to repossess mortgaged goods where the borrower has refused consent to entry, there is an inference the borrower would not cooperate if given notice, and the borrower retains the right to seek a re-hearing under s 20 of the Local Court Act (NT). The availability of a re-hearing right that is not subject to a time limitation is a significant factor in the balance of hardship when deciding whether to proceed ex parte.
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