Tribunal may re-open certain transactions
146 Tribunal may re-open certain transactions
S. 146(1) amended by Nos 6/1989 s. 48(j), 52/1998 s. 24(1).
Subject to section 149, the Tribunal may, at any time, on the application of the debtor under a regulated contract, the mortgagor under a regulated mortgage or the guarantor of the performance of a regulated contract re-open the transaction that gave rise to the contract or mortgage if it appears to the Tribunal that, in the circumstances relating to the contract or mortgage at the time it was entered into, it was unjust.
S. 146(2) amended by No. 52/1998 s. 24(1).
Where the Tribunal re-opens a transaction under subsection (1), the Tribunal may, notwithstanding any settlement of accounts or any agreement purporting to close previous dealings and create a new obligation, do any one or more of the following—
re-open an account already taken between the parties;
relieve the debtor or mortgagor and the guarantor (if any) from payment of any amount in excess of such amount as the Tribunal, having regard to the risk involved and all other circumstances, considers to be reasonably payable, in the case of a credit sale contract or a loan contract, in respect of the amount financed and the credit charge or, in the case of a continuing credit contract the amount owed by the debtor to the credit provider under the contract;
set aside either wholly or in part or revise or alter an agreement made or mortgage given in connexion with the transaction;
give judgment for or make an order in favour of a party of such amount as, having regard to the relief (if any) which the Tribunal thinks fit to grant, is justly due to that party under the contract or mortgage;
give judgment or make an order against a person for delivery of goods to which the contract or mortgage relates and which are in the possession of that person.
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