JUDGMENT
Introduction
[1] This is an appeal against the decision of the learned High Court Judge dated 10 March 2020 in allowing an appeal by the respondent against the decision of the Magistrate dated 17 October 2019 in dismissing the respondent's Notice of Application to set aside the leave granted under the s 16(1A) of the Hire-Purchase Act 1967 ("HPA 1967").
The Salient Facts
[2]Vide a Hire-Purchase Agreement dated 4 January 2008 ("the Agreement"), the appellant hired out a reconditioned used vehicle, namely a Mercedes Benz CLS 350 bearing registration number WQQ 2628 ("the vehicle"), to the respondent.
[3] The respondent had breached the Agreement by failing, refusing, and/or neglecting to make the instalment payments on time, and there were outstanding instalments for at least seven (7) months as of January 2017.
[4] Therefore, the appellant intended to repossess the vehicle pursuant to the HPA 1967. Since the respondent had already made instalment payments exceeding seventy-five percent (75%) of the vehicle's cash price, the appellant, in accordance with the provisions of the HPA 1967, was required to obtain leave of the Court before issuing the statutory notices to commence the exercise of its rights to repossess the vehicle.
[5] The appellant then filed Originating Summons No.: WA-A74-96-01/2018 and applied for leave from the Magistrates' Court on 25 January 2018. Under s 16(1A) of the HPA 1967, the conditions that must be satisfied before leave may be granted are:
(i) Instalment payments exceeding 75% of the cash price; and
(ii) At least two (2) consecutive instalment defaults committed by the respondent.