New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Act No 48, 1930, s 20)
(1) The court at any time, on the application of any party to a hire-purchase agreement, may readjust the amount of the instalments, and may at the same or any other time postpone the payment of all or any instalments in such manner and for such time as the court thinks just, due regard being had to the rights and interests of both parties to the agreement, to the conduct of the hirer, and to all the circumstances of the case.
In any such readjustment the court may direct interest upon any postponed instalment at such reasonable rate as it may fix to be paid to the vendor.
In any proceeding to recover an instalment the court may exercise the powers conferred by this subsection.
(2) This section and section twenty-six of this Act shall extend to all instalments the payment of which is provided for by a hire-purchase agreement, whether such agreement described such instalments as rent or hire or otherwise, and whether or not the hirer is in default at the date of the application or proceedings.
(3) Where a vendor has, since the first day of June, one thousand nine hundred and thirty-two, and before the commencement of this Act retaken possession of any goods which were, on the said first day of June, in the possession of the hirer, and were at or prior to that day the subject of a hire-purchase agreement other than one of those referred to in paragraphs (a) and (b) of subsection one of section twenty-five, then in any such case, upon the application of the hirer made within one month from the commencement of this Act, the court may if the goods are then in the possession or within the control of the vendor, and if in all the circumstances it thinks it desirable so to do, order that such goods be returned to the hirer upon such terms and conditions (including conditions as to the payment of costs) as the court thinks fit.
Where the goods are not, at the date of any application under this subsection, in the possession or within the control of the vendor, the court may make such order as to payment of compensation by the vendor to the hirer as to it seems fit.