Purchasers' Protection Act Amendment Act 1936 (WA)

PURCHASERS' PROTECTION.

1 0 EMI). Viii., No. XLI.

No. 41 of 1936.

AN ACT to amend Section ten of the Purchasers'

Protection Act, 1933.

[Assented to llth December, 1936.]

D E it enacted by the King's Most Excellent Majesty,

lative Council and Legislative Assembly of Western13 by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Purchasers' Protec- Short tit/o.

tion Act Amendment Act, 1936, and shall be read as one with the Purchasers' Protection Act, 1933-1934 (herein- after referred to as the principal Act).

No. 41.] Purchasers' Protection. [1936.

Amendment

of a.10 of2. (1.) Subsection (2) of section ten of the principal

principal Act. Act is repealed and a subsection is inserted in its place,

as follows :—

(2.) Any purchaser who is threatened with any such proceedings as are mentioned in the preceding subsection, or who, having had judgment awarded against him in any such proceedings, is threatened with execution or any other proceeding on or under the judgment, may make application in the pre- scribed manner to any court in which the vendor is entitled to bring such proceedings, or to the court in which judgment was obtained or out of which any warrant of execution or commitment thereunder is issued, and the court may on such application grant the purchaser the same relief, but subject to the same conditions as if proceedings had actually been taken by the vendor under the preceding subsection.

Provided that no such relief shall be granted after judgment, unless the court is satisfied

(a) that the proceedings in which judgment was obtained were not contested by the pur- chaser because of poverty; or

( p ) that evidence which the purchaser for any

reason was unable to produce when judg-

ment was given against him, is available; or

(c) that the purchaser had not a reasonable

opportunity of contesting the proceedings

on which judgment was given against him

by reason that-

(i)    he was in ill-health; or

(ii)    he resided at such distance from the court that the court was not reasonably acces- sible to him; or

(iii)    for any other reason, which the court deems

sufficient.

(2.) The subsection hereby inserted in place of the repealed subsection shall have effect as from the date of the commencement of the principal A ct.

Citation of

principal Act n s 3. The principal Act as amended by this Act may be

amended. cited as the Purchasers' Protection Act, 1933-1936.