Revised Laws of Saint Lucia (2021)

34.   Effect of postponement of order in section 33

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    (1)   While the operation of an order for the specific delivery of goods to the owner is postponed under section 33, the hirer shall be deemed to be a bailee of the goods under and on the terms of the hire-purchase agreement.

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    (2)   Subsection (1) shall not apply if—

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      (a)     no further sum shall be or become payable by the hirer or guarantor on account of the unpaid balance of the hire-purchase price, except in accordance with the terms of the order; and

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      (b)     the court may make such further modification of the terms of the hire-purchase agreement and of any contract of guarantee relating to the hire-purchase agreement as the court considers necessary having regard to the variation of the terms of payment.

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    (3)   If while the operation of an order for the specific delivery of the goods to the owner is postponed the hirer or guarantor—

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      (a)     fails to comply with any condition of the postponement, or with any term of the hire-purchase agreement as varied by the court; or

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      (b)     wrongfully disposes of the goods,

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    the owner shall not, subject to subsection (4), take any civil proceedings against the hirer or guarantor otherwise than by making an application to the Court by which the order was made.

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    (4)   In the case of a breach of any condition relating to the payment of the unpaid balance of the hire-purchase price, it shall not be necessary for the owner to apply to the Court for leave to execute the order unless the Court has so directed.

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    (5)   When the unpaid balance of the hire-purchase price has been paid in accordance with the terms of the order, the owner's title to the goods shall vest in the hirer.

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    (6)   The Court may at any time during the postponement of the operation of an order for the specific delivery of the goods—

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      (a)     vary the conditions of the postponement and make such further modification of the hire-purchase agreement and of any contract of guarantee relating to the hire-purchase agreement as the Court considers necessary having regard to the variation of the conditions of the postponement;

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      (b)     revoke the postponement;

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      (c)     make an order, in accordance with section 33, for the specific delivery of a part of the goods to the owner and for the transfer to the hirer of the owner's title to the remainder of the goods.

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    (7)   Where a postponed order for the specific delivery of goods of the owner has been made under section 33(1)(b), the powers of the Court under paragraphs (a) and (c) of subsection (6) may be exercised, notwithstanding that any condition of the postponement has not been complied with, at any time before the goods are delivered to the owner in accordance with a warrant issued in pursuance of the order and where such a warrant has been issued the court shall—

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      (a)     if the court varies the conditions of the postponement under subsection (6)(a), suspend the warrant on the like conditions;

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      (b)     if the Court makes an order under subsection (6)(c) for the specific delivery of a part of the goods to the owner and for the transfer to the hirer of the owner's title to the remaining part, cancel the warrant so far as it provides for the delivery of the last-mentioned part of the goods.

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    (8)   At any time before the delivery of the goods to the owner in accordance with a warrant issued pursuant to subsection (7), the warrant may, so far as it provides for the delivery of the goods, be discharged by the payment to the owner by the hirer or guarantor of the whole of the unpaid balance of the hire-purchase price and in any such case the owner's title to the goods shall vest in the hirer.