Hire-Purchase Act 1959

In any proceedings under this Act or arising out of a hire‑purchase agreement or instituted pursuant to subsection (4) where it appears to the court that the transaction is harsh and unconscionable (by reason of a provision for terms charges or other charges that are, in the circumstances of the case, excessive or by reason of any other provision of whatever kind) or is otherwise such that the Supreme Court in its equitable jurisdiction would give relief the court may reopen the transaction and take an account between the parties thereto.

The court by which a transaction is reopened under this section may, notwithstanding any statement or settlement of accounts or any agreement purporting to close previous dealings and create a new obligation —

reopen any account already taken between the parties; and

relieve the hirer and any guarantor from payment of any sum in excess of such sum in respect of the cash price, terms charges, and other charges as the court adjudges to be fairly and reasonably payable; and

set aside either wholly or in part or revise or alter any agreement made or security given in connection with the transaction; and

give judgment for any party for such amount as, having regard to the relief (if any) which the court thinks fit to grant, is justly due to that party under the agreement; and

if it thinks fit give judgment against any party for delivery of the goods if they are in his possession.

Where it appears to the court by which a transaction is reopened under this section that any person other than the owner has shared in the profits of or has any beneficial interest prospectively or otherwise in the transaction which the court holds to be harsh and unconscionable the court may add that person as a party to the proceedings and may give judgment against that person for such amount as it thinks fit or for delivery of the goods if they are in his possession and the court may make such other order in respect of that person as it thinks fit.

Proceedings may be instituted in the Magistrates Court, or The District Court of Western Australia established under the District Court of Western Australia Act 1969, irrespective of any limit which would otherwise apply to the jurisdiction of either of those courts, by the hirer or any guarantor under a hire‑purchase agreement for the purpose of obtaining relief under this section.

In any proceedings under this section the court has and may exercise all or any of the powers conferred by subsections (1), (2) and (3) notwithstanding that the time for the payment of any of the amounts payable under the agreement may not have arrived.

A hirer or guarantor under a hire‑purchase agreement is not entitled to institute proceedings under this section —

where the owner has taken possession of the goods comprised in the agreement — after the expiration of a period of 4 months from the time when the owner serves on the hirer the notice required by section 13(3) to be served on him; or

in any other case — after the expiration of a period of 4 months from the time when the transaction is closed.