National Consumer Credit Protection Act 2009

SCHEDULE 1 - NATIONAL CREDIT CODE  

Note:

See section 3 of the National Credit Act.

PART 11 - CONSUMER LEASES  

Division 7 - Changes to obligations under consumer leases  

Subdivision B - Changes on grounds of hardship and unjust transactions  

177G  

177G   Orders on reopening of transactions  

The court may, if it reopens a transaction under this Subdivision, do any one or more of the following, despite any settlement of accounts or any agreement purporting to close previous dealings and create a new obligation:

(a) reopen an account already taken between the parties to the transaction;

(b) relieve the lessee from payment of any amount in excess of such amount as the court, having regard to the risk involved and all other circumstances, considers to be reasonably payable;

(c) set aside either wholly or in part or revise or alter an agreement made in connection with the transaction;

(d) give judgement for or make an order in favour of a party to the transaction of 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 consumer lease;

(e) give judgement or make an order against a person for delivery of goods to which the lease relates and which are in the possession of that person;

(f) make ancillary or consequential orders.