Purchasers' Protection Act Amendment Act 1948 (WA)

No. 57.] Purchasers' Protection. [1948.

PURCHASERS' PROTECTION.

12° and 13° GEO, VI., No. LVII.

No. 57 of 1948.

AN ACT to amend the Purchasers' Protection Act,

1933-1946.

[Assented to 21st January, 1949.]

BE it enacted by the King!s Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title.

This Act may be cited as the Purchasers' Protec- tion Act Amendment Act, 1948, and shall be read as one with the Purchasers' Protection Act, 1933-1946 (Act No. 44 of 1933, reprinted with amendments to and including Act No. 41 of 1936, incorporated, pursuant to the provisions of the Amendments Incorporation Act, 1938, in Volume 2 of The Reprinted Acts of the Parliament of Western Australia, 1943, and further amended by Act No. 37 of 1946), hereinafter referred to as the principal Act.

1.

Citation of

2.    The principal Act, as amended by this Act, may

the principal

Act as

amended by	be cited as the Purchasers' Protection Act, 1933-1948.
this Act.

1948.] Purchasers' Protection. [No. 57.

A mendnient

3. Section ten of the principal Act is amended by of s. 10.

substituting for subsection (1) the following:

(1) (a) For the purposes of this section

"vendor" means the vendor mentioned in the contract, and his executors and adminis- trators and assigns;

"purchaser" means the purchaser mentioned in the contract and his executors and adminis- trators.

(b) If in any proceedings taken in any court

for recovery of purchase money, or enforcement of any other remedy against the purchaser under the provisions of a contract, or for performance by the purchaser of his part of a contract,—

the court is satisfied

that the payment of the purchase money, or the enforcement of the remedy against the pur- chaser, or performance by the purchaser of his part of the contract, will inflict hardship on the purchaser, by reason of his poverty or other inability to carry out his obligations under the contract or,

on the application of the purchaser, that the

amount of the valuation,

made by the Commissioner of Taxation pur- suant to the provisions of the Land and In- come Tax Assessment Act, 1907-1945,

of the subdivisional land, the subject of the con- tract, was, within three months prior to the application, less than fifty per centum of the purchase price under the contract;—

instead of adjudging

that all or any part of the purchase money shall be paid, or that the remedy be enforced against the purchaser, or that the purchaser shall perform his part of the contract,

the court, on the application of the purchaser

No. 57.] Purchasers' Protection. [1948.

(i) in the case of subdivisional land which can be restored to the vendor in substantially similar condition to that in which it was at the time of sale;

may order that

(A) the contract shall be cancelled;

and

(B) possession of the land shall be

delivered to the vendor; and

(C)	the amount of any consideration by way of purchase price, paid by or on behalf of the purchaser to the vendor, shall be forfeited to the vendor ; and
(D)	in addition, if the court thinks fit, that damages, not exceeding in amount one fourth part of the amount of the purchase price, shall be paid by the purchaser to the vendor, for non-performance of the purchaser's part of the contract;

(ii) in the case of subdivisional land which can- not be restored to the vendor in substan- tially similar condition to that in which it was at the time of sale because of its resumption pursuant to the provisions of any Act;

may order that

(A) the contract shall be cancelled;

and

(B)	the amount of any consideration by way of purchase price, paid by or on behalf of the purchaser to the vendor, shall be forfeited to the vendor; and
(C)	subject as hereinafter in this sub- section provided, the amount of any compensation for the re- sumption of the interests of the vendor and the purchaser, shall be payable to the vendor ; and

1948.] Purchasers' Protection. [No. 57.

(D) in addition, if the court thinks fit, that damages, not exceeding in amount one fourth part of the amount of the purchase price, shall be paid by the purchaser to the vendor, for non-performance of the purchaser's part of the contract :

Provided that in any order made pursuant to the provisions of this paragraph, the total of the amounts included pursuant to any of those provisions, con- tained in items (B), (C) and (D), shall not be in excess of the amount of the purchase price, but if in any order so made there be an excess, the order shall to. the extent of that excess only, be a nullity, but otherwise shall be valid and operative;

(E) when the total of

the amount of any considera- tion by way of purchase price' paid by the purchaser to the- vendor,

plus

any amount payable as com- pensation for the resumption of the interests of the vendor and the purchaser,

exceeds the purchase price,—

the vendor shall have only such part of that total as shall equal the purchase price and the purchaser shall have the balance of that total

and the court may make such order by way of adjustment between the vendor and pur- chaser on that basis, as shall be, necessary.