sec.48When introduction agent entitled to compensation

### sec.48 When introduction agent entitled to compensation This section applies if a client gives an introduction agent a notice under section 46 . This section does not apply if, under section 53 — the introduction agent and the client agree in writing on an amount to be refunded to the client; and the agent refunds the amount to the client. The introduction agent may, within 28 days after receiving the notice, apply to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice. The introduction agent may make the application even though the agent has refunded an amount under section 47 . An introduction agent need not refund an amount under, and does not contravene, section 47 (1) if the agent— within 21 days after receiving the notice, applies to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice; and pays into the court an amount equivalent to the amount that has been paid under the agreement. A court to which an application is made under subsection (3) or (5) may order the client to pay an amount to the introduction agent if the court considers that— the defect that caused the agreement to be voidable was of a relatively minor nature; and allowing the agent to recover the amount would not be unfair to the client having regard to— any services provided or work performed under the agreement; and whether the agent or any one else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics. The court may also make any incidental order, including an order for costs, it considers appropriate. (sec.48-ssec.1) This section applies if a client gives an introduction agent a notice under section 46 . (sec.48-ssec.2) This section does not apply if, under section 53 — the introduction agent and the client agree in writing on an amount to be refunded to the client; and the agent refunds the amount to the client. (sec.48-ssec.3) The introduction agent may, within 28 days after receiving the notice, apply to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice. (sec.48-ssec.4) The introduction agent may make the application even though the agent has refunded an amount under section 47 . (sec.48-ssec.5) An introduction agent need not refund an amount under, and does not contravene, section 47 (1) if the agent— within 21 days after receiving the notice, applies to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice; and pays into the court an amount equivalent to the amount that has been paid under the agreement. (sec.48-ssec.6) A court to which an application is made under subsection (3) or (5) may order the client to pay an amount to the introduction agent if the court considers that— the defect that caused the agreement to be voidable was of a relatively minor nature; and allowing the agent to recover the amount would not be unfair to the client having regard to— any services provided or work performed under the agreement; and whether the agent or any one else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics. (sec.48-ssec.7) The court may also make any incidental order, including an order for costs, it considers appropriate. - (a) the introduction agent and the client agree in writing on an amount to be refunded to the client; and - (b) the agent refunds the amount to the client. - (a) within 21 days after receiving the notice, applies to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice; and - (b) pays into the court an amount equivalent to the amount that has been paid under the agreement. - (a) the defect that caused the agreement to be voidable was of a relatively minor nature; and - (b) allowing the agent to recover the amount would not be unfair to the client having regard to— (i) any services provided or work performed under the agreement; and (ii) whether the agent or any one else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics. - (i) any services provided or work performed under the agreement; and - (ii) whether the agent or any one else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics. - (i) any services provided or work performed under the agreement; and - (ii) whether the agent or any one else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.