Page:Business Names Registration Act 2014.pdf/39

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40
NO. 29 OF 2014


(3) A defaulter under subsection (2)(b) is not prevented from enforcing any right referred to in subsection (2) if the defaulter’s registration under the business name is restored under section 24.

(4) The defaulter may apply to the court for relief against the disability imposed by this section.

(5) The court, on being satisfied—

(a) that the default was accidental or due to inadvertence or some other sufficient reason; or
(b) that on other grounds it is just and equitable to grant relief,

may grant such relief either generally, or as respects any particular contract, on such conditions (if any) as the court may impose.

(6) This section does not prejudice the rights of any other party as against the defaulter in respect of a contract mentioned in subsection (2).

(7) If any action or proceedings is commenced by any party against the defaulter to enforce the rights of the party in respect of a contract referred to in subsection (2), this section does not prevent the defaulter from enforcing in that action or proceedings, by way of counter-claim, set-off or otherwise, such rights as the defaulter may have against that party in respect of that contract.

(8) In this section, “court” means any court before which proceedings to enforce a contract referred to in subsection (2) are commenced or before which an issue relating to subsection (2) arises.

PART 3
MISCELLANEOUS

Inspection

32.—(1) The Registrar may authorise in writing any employee of the Authority or public officer to be an inspector for the purposes of this Act.

(2) For the purposes of ascertaining whether the provisions of this Act are being complied with, the Registrar or any inspector may at all reasonable times enter any premises at which the Registrar or