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15 1960

HIRE-PURCHASE (AMENDMENT) ACT, 1960

PART IV.

Miscellaneous.

Remittal or transfer of actions.

26. —(1) The jurisdiction of the High Court to remit or transfer actions under section 25 of the Courts of Justice Act, 1924 , may, in relation to an action pending in the High Court by the owner of goods let under a hire-purchase agreement—

(a) to enforce a right to recover possession of the goods from the hirer, or

(b) to enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto,

at any time before judgment is given in the action, be exercised by the High Court of its own motion and without application in that behalf having been made to it by any party to the action.

(2) Paragraph (b) of subsection (2) of section 11 of the Courts of Justice Act, 1936 , shall not apply in relation to an action which the High Court proposes to remit or transfer by virtue of this section.

Judgments in actions for the recovery of goods let under hire-purchase agreements to be given only by a Judge or the Master of the High Court.

27. —Notwithstanding anything contained in rules of court, in an action in the High Court or the Circuit Court commenced after the commencement of this Act by the owner of goods let under a hire-purchase agreement claiming, whether solely or together with any other claim, the enforcement of a right to recover possession of the goods from the hirer, judgment may be obtained only from a Judge or, where appropriate, from the Master of the High Court.

Sale by dealer of goods let to him under a hire-purchase agreement.

28. —Where the hirer of goods of any class or description is a dealer in goods of that class or description and sells the goods of which he is the hirer when ostensibly acting in the ordinary course of his business as such dealer, the sale shall be as valid as if he were expressly authorised by the owner to make the sale, provided that the buyer acts in good faith and has not at the time of the sale notice that the hirer has not authority to make the sale.

Repeals.

29. —Subsection (5) of section 13 and section 20 of the Principal Act are, as respects actions commenced after the commencement of this Act, hereby repealed.