24Provision for cases of hardship

24 Provision for cases of hardship

(1) The appropriate court may order that this Division shall not apply in relation to the enforcement of a mortgage or agreement against a person if it is satisfied:

(a) that the whereabouts of that person are not known to the mortgagee or vendor;

(b) that the mortgagee or vendor has made reasonable efforts to ascertain those whereabouts; and

(c) that the mortgagee or vendor is not aware that that person is a national serviceman or a female dependant of a national serviceman;

or, if it is of opinion that, in the special circumstances of the case, the postponement effected by this Division is not necessary in the interests of the national serviceman or female dependant of a national serviceman concerned, or would cause hardship or loss to the mortgagee or vendor, as the case may be, or to any person towards whom, with respect to that mortgage or agreement, the mortgagee or vendor stands in the position of a trustee. (2) An application for an order under this section shall be made with notice to such persons as the court considers entitled to notice, or ex parte in any case in which by reason of special circumstances the court considers that procedure to be just and equitable. (3) The court may make all such interlocutory and final orders in the matter of any such application, including orders as to costs, as, having regard to the objects of this Division and the circumstances of the case, the court considers to be just and equitable. (4) The costs of any such application are in the discretion of the court. (5) The order of the court determining any application under this section is final, and no order, whether interlocutory or final, in the matter of any such application, and no other proceeding under this section, shall be appealed against, questioned or reviewed in any manner whatsoever or be restrained or removed by prohibition, injunction, certiorari or otherwise howsoever.