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MOTOR CAR TRADERS AMENDMENT ACT 2008 (NO. 4 OF 2008) - SECT 25

Committee may take the conduct of parties into account

    (1)     After section 77(1) of the Principal Act insert

    "(2)     The Committee may refuse a claim if it considers that there has been an unreasonable delay in making the claim.

    (3)     The Committee may refuse a claim by a financier under section 76 in relation to a motor car trader if the financier has not given the required notice to the Director under section 49 in respect of that motor car trader.

    (3A)     When determining a claim or the amount of a claim, the Committee may take into account any matters that it considers relevant, including—

        (a)     the conduct of the claimant and any other parties to the claim;

        (b)     any delay by the claimant in making the claim and whether the delay was reasonable;

        (c)     whether and to what extent the claimant contributed to the loss that is the subject of the claim;

        (d)     any other matter the Committee considers relevant.".

    (2)     In section 77(4)(b) of the Principal Act, after "certificate" insert ", subject to subsection (4B)".

    (3)     After section 77(4) of the Principal Act insert

    "(4A)     The Committee is not required to conduct an oral hearing to determine whether to admit or refuse a claim.

    (4B)     The Committee may defer payment of a claim until the later of—

        (a)     the end of the period within which an application for review may be brought under section 79; or

        (b)     if an application for review is brought within that time, 14 days after the withdrawal or final determination of the application for review.".

    (4)     After section 77(5) of the Principal Act insert

    "(6)     A certificate issued by the Secretary to the Committee which attests to the payment of a claim admitted against the Fund in respect of a motor car trader is evidence and, in the absence of evidence to the contrary, proof of a debt owed by that motor car trader to the Committee.".



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