Hire-Purchase Act 1959

Any notice or document required or authorised to be served on or given or sent to an owner or hirer under this Act may be so served or given or sent —

by delivering it to him personally; or

by leaving it at his place of abode or business with some other person apparently an inmate thereof or employed there at and apparently of or over the age of 16 years; or

by posting it addressed to him at his last known place of abode or business.

The affidavit or oral evidence of an owner or his servant or agent as to the delivery or posting of any notice or document required to be served by this Act is admissible as prima facie evidence of the due service of the notice or document if the deponent swears to the facts necessary to prove due service either from his own knowledge or to his information and belief based on and verified by the records of the owner.

Where this Act requires the service on a person of a notice, statement, or other document or requires that a specified time elapse after such service, the Magistrates Court, if satisfied on an application made by or on behalf of the person required to effect service either that the person to be served is evading service or that for any other reason service has not been and cannot be promptly effected, may order that the requirement for service be dispensed with upon such terms and conditions, if any, as the court thinks fit.

An order under subsection (1) shall have effect, subject to observance of its terms and conditions, to permit any act or thing to which the order dispensing with service relates to be done as if service had been effected or the specified time had elapsed.

An application under this section may be made whether or not the time for service has expired.

In this section serve includes “give”, “deliver”, or other similar or cognate expressions.

Any prescribed document or part thereof that —

is in handwriting that is not clear and legible; or

is printed in type of a size smaller than 10 point or of a face that is not approved by the Commissioner,

In this section, prescribed document means —

any hire‑purchase agreement; and

any statement under section 3(1); and

any copy of an agreement, notice, or statement required by section 4 to be served on a hirer; and

any statement required by section 7(1) to be sent to a hirer; and

any notice under section 13(1) or (3); and

any document, notice, or statement or copy thereof required by section 7(1) or by section 18 to be given to, served on, or sent to a guarantor.