77Admittance or refusal of claim

77 Admittance or refusal of claim (1) The Committee may admit or refuse a claim in whole or in part. S. 77(2) repealed by No. 74/1996 s. 33(1), new s. 77(2) inserted by No. 4/2008 s. 25(1). (2) The Committee may refuse a claim if it considers that there has been an unreasonable delay in making the claim. S. 77(3) repealed by No. 74/1996 s. 33(1), new s. 77(3) inserted by No. 4/2008 s. 25(1). (3) The Committee may refuse a claim by a financier under section 76 in relation to a motor car trader if the financier has not given the required notice to the Director under section 49 in respect of that motor car trader. S. 77(3A) inserted by No. 4/2008 s. 25(1). (3A) When determining a claim or the amount of a claim, the Committee may take into account any matters that it considers relevant, including— (a) the conduct of the claimant and any other parties to the claim; (b) any delay by the claimant in making the claim and whether the delay was reasonable; (c) whether and to what extent the claimant contributed to the loss that is the subject of the claim; (d) any other matter the Committee considers relevant. (4) If the Committee admits a claim in whole or in part— (a) the Committee must issue a certificate authorising payment of the claim or the prescribed amount, whichever is the lesser; and S. 77(4)(b) amended by No. 4/2008 s. 25(2). (b) must pay the claimant the amount specified in the certificate, subject to subsection (4B). S. 77(4A) inserted by No. 4/2008 s. 25(3). (4A) The Committee is not required to conduct an oral hearing to determine whether to admit or refuse a claim. S. 77(4B) inserted by No. 4/2008 s. 25(3). (4B) The Committee may defer payment of a claim until the later of— (a) the end of the period within which an application for review may be brought under section 79; or (b) if an application for review is brought within that time, 14 days after the withdrawal or final determination of the application for review. S. 77(5) inserted by No. 74/1996 s. 33(2). (5) A certificate issued by the Committee is evidence of the matters stated in the certificate. S. 77(6) inserted by No. 4/2008 s. 25(4). (6) A certificate issued by the Secretary to the Committee which attests to the payment of a claim admitted against the Fund in respect of a motor car trader is evidence and, in the absence of evidence to the contrary, proof of a debt owed by that motor car trader to the Committee. S. 77A inserted by No. 4/2008 s. 26.