Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The hirer of any
goods comprised in a hire-purchase agreement may terminate the hiring by
returning the goods to the owner during ordinary business hours at a place at
which the owner ordinarily carries on business or to the place specified for
that purpose in the agreement and the return of the goods to either place
terminates the hiring.
(2) Where the nature
of the goods comprised in a hire-purchase agreement is, or the facilities
available at the place or places of business of the owner or at the place
specified in the agreement are, such that it would be impracticable to return
the goods to such a place, the hirer may terminate the hiring by returning the
goods —
(a) to
any place agreed to by the parties to the agreement; or
(b) if
the parties fail to agree, to a place that is reasonable, having regard to all
the circumstances surrounding the transaction.
(3) A hirer who
proposes to return goods to the owner under this section may apply to the
Magistrates Court for an order fixing the place to which the goods may be
returned under subsection (2)(b).
(4) The court may in
any order made pursuant to this section order that, subject to the goods
being returned to the owner, the hiring shall be determined on such date as is
specified in the order not being a date before the hirer required the owner to
nominate a reasonable place for the return of the goods.
(5) The hirer shall
deliver to the owner written notice of an application under this section, not
less than 24 hours before the application is to be heard.
(6) Division 5,
except section 12A and section 13(1) and (2) apply, with such
modifications as are necessary, to and in relation to the taking possession by
the owner as a result of the voluntary return of the goods by the hirer under
this section; and this section, and any voluntary return of goods, court
order, and termination of hiring under or pursuant to this section, are
subject to the provisions of that Division that do so apply.
[Section 12 amended by No. 107 of 1973
s. 10; No. 59 of 2004 s. 141.]