32Postponement of payment of interest and rates

32 Postponement of payment of interest and rates

(1) The appropriate court may, upon application by or on behalf of a national serviceman or a female dependant of a national serviceman, made in the manner prescribed by section 28 of this Act, order the postponement of the time for payment:

(a) of any interest payable under a mortgage or agreement to which section 20 of this Act applies; or

(b) of any rates on land payable by the national serviceman or female dependant.

(2) In determining an application under paragraph (a) of the last preceding subsection, the court shall consider whether the making of the order applied for would cause hardship to the mortgagee or vendor, or to some person towards whom, with respect to the mortgage or agreement, the mortgagee or vendor stands in the position of a trustee, and in determining an application under paragraph (a) or paragraph (b) of that subsection the court shall consider whether the refusal of the application would cause hardship to the national serviceman or female dependant. (3) If, having regard to the considerations mentioned in the last preceding subsection, and to all other relevant considerations, the court is of opinion that it is equitable so to do, it may:

(a) postpone the time for payment of all or any such interest or rates in such manner and for such time as the court thinks just in the circumstances of the case; or

(b) refuse to grant the application.

(4) The provisions of section 28 of this Act relating to procedure apply to applications under this section. (5) The costs of an application under this section shall be borne by the applicant unless the court orders otherwise.