37Adjustment on repudiation

#### 37 Adjustment on repudiation 37 Adjustment on repudiation > > (1) Where a civil act is repudiated under any of sections 31, 32 and 34, a court having jurisdiction under this section may, on the application of any person interested in the civil act, make orders: > > > > > (a) for the confirmation, wholly or in part, of the civil act or of anything done under the civil act, or > > > > > (b) for the adjustment of rights arising out of the civil act or out of the repudiation or out of anything done under the civil act. > > > (2) Without limiting the generality of paragraph (a) of subsection (1), where on an application under this section, it appears to the court that any party to the civil act was induced to participate in the civil act by a misrepresentation made by a minor participant in the civil act, being a fraudulent misrepresentation as to the age of the minor participant or as to any other matter affecting the capacity of the minor participant to participate in the civil act, the court may confirm the civil act and anything done under the civil act. > > > (3) Where a civil act is presumptively binding in favour of any person, the court shall not make any order under this section adversely affecting the person’s rights except with the person’s consent. > > > (4) Subject to subsection (3), and except so far as the court confirms the civil act or anything done under the civil act, the court shall make such orders as are authorised by this section and as the court thinks fit for the purpose of securing so far as practicable that: > > > > > (a) each minor participant in the civil act makes just compensation for all property, services and other things derived by him or her by or under the civil act to the extent that the derivation of that property or of those services or things is for his or her benefit, > > > > > (b) each other participant in the civil act makes just compensation for all property, services and other things derived by him or her by or under the civil act, and > > > > > (c) subject to paragraphs (a) and (b), the parties to the civil act and those claiming under them are restored to their positions before the time of the civil act. > > > (5) Any court having jurisdiction under this section may, for the purposes of this section, make orders: > > > > > (a) for the delivery of goods, and > > > > > (b) for the payment of money. > > > (6) In addition to its jurisdiction under subsection (5), the Supreme Court may, for the purposes of this section, make orders for: > > > > > (a) the making of any disposition of property, > > > > > (b) sale or other realisation of property, > > > > > (c) the disposal of the proceeds of sale or other realisation of property, > > > > > (d) the creation of a charge on property in favour of any person, > > > > > (e) the enforcement of a charge so created, > > > > > (f) the appointment and regulation of the proceedings of a receiver of property, > > > > > (g) the vesting of property in any person, and > > > > > (h) the rescission or variation of any order of the Supreme Court under this section. > > > (7) A court may make an order under this section on such terms and conditions as the court thinks fit. > > > (8) A civil act to which a person is a party while a minor and anything done thereunder is, to the extent to which it is confirmed under this section, presumptively binding on the person. > > > (9) Sections 78 and 79 of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) apply to a vesting order, and to the power to make a vesting order, under this section. > > > (10) Subsection (2) of section 78 of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014) applies to a vesting order under this section as if this section were included in the provisions of Part 3 of that Act.