Singapore legislation
Clause 13
Clause 13
Assessor’s determination
(1)
On an application for an assessor’s determination, the assessor must —
make a determination whether the case in question is one to which section 5 applies; and
in a case to which section 7 applies, also make a determination whether it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited.
(2)
When making a determination, the assessor —
may take into account the ability and financial capacity of the party concerned to perform the obligation that is the subject of the application, and other prescribed factors; and
must seek to achieve an outcome that is just and equitable in the circumstances of the case.
(3)
Where the assessor determines under subsection (1)(a) in relation to such scheduled contracts as may be prescribed that the case is one to which section 5 applies, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case, including (but not limited to) —
requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract; and
in a case where a right of repossession of goods under the contract or of re‑entry or forfeiture under a lease or licence of immovable property had been exercised by a party in breach of section 5(2) — requiring the party to return the goods or give possession of the immovable property to the other party.
(4)
Where the assessor determines under subsection (1)(b) that it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit may be forfeited or retained (as the case may be) for the full amount or such amount as the assessor considers just and equitable.
(5)
Where the assessor determines under subsection (1)(b) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the deposit or part of the deposit must be restored as if it had not been forfeited.
(6)
Where the assessor determines under subsection (1)(b) that it is not just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case.
(7)
An assessor’s further determination under subsection (3) or (6), or determination under subsection (5) may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
(8)
Where leave of the court is so granted, judgment may be entered in the terms of the assessor’s determination.
(9)
The assessor’s determination is binding on all the parties to the application and all parties claiming under or through them.
(10)
There is no appeal from an assessor’s determination.
(11)
A person who, without reasonable excuse, fails to comply with a further determination made by an assessor under subsection (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(12)
A person who, without reasonable excuse, fails to restore an amount of a deposit determined by an assessor to be restored shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.