Document ID: chunk:federal_register_of_legislation:C2025C00096:section:23e
Version: federal_register_of_legislation:C2025C00096
Segment Type: section
Provision Reference: s 23E
Character Range: 93352–94566

23E  Orders on reopening of transactions
  If a court reopens a transaction under section 23AA, it may do any one or more of the following, despite any settlement of accounts or any agreement purporting to close previous dealings and create a new obligation:
 (a) reopen an account already taken between the parties;
 (b) relieve the borrower and any guarantor from payment of any amount in excess of the amount that the court, having regard to the risk involved and all other circumstances, considers to be reasonably payable;
 (c) set aside either wholly or in part, or revise or alter, an agreement made or mortgage or guarantee given in connection with the transaction;
 (d) order that the credit provider take any steps that are necessary to discharge the mortgage;
 (e) give judgment for, or make an order in favour of, a party of any amount that, having regard to the relief (if any) that the court thinks fit to grant, is justly due to that party under the contract, mortgage or guarantee;
 (f) give judgment or make an order against a person for delivery of goods to which the contract, mortgage or guarantee relates and which are in the person's possession;
 (g) make ancillary or consequential orders.