- (c) such other person as may be prescribed.
(3) If the Registrar is satisfied that the application is made and served in accordance with subsections (1) and (2), the Registrar must appoint an assessor to determine the application and must serve a notice of the appointment on the applicant and on all the parties mentioned in subsection (2).
Assessor's determination
13.—(1) On an application for an assessor's determination, the assessor must—
- (a) make a determination whether the case in question is one to which section 5 applies; and
- (b) in a case to which section 7 applies, also make a determination whether it is just and equitable in the circumstances of the case for the deposit or any part of the deposit to be forfeited.
(2) When making a determination, the assessor—
- (a) may take into account the ability and financial capacity of the party concerned to perform the obligation that is the subject of the application, and other prescribed factors; and
- (b) must seek to achieve an outcome that is just and equitable in the circumstances of the case.
(3) Where the assessor determines under subsection (1)(a) in relation to such scheduled contracts as may be prescribed that the case is one to which section 5 applies, the assessor may make further determinations in order to achieve an outcome that is just and equitable in the circumstances of the case, including (but not limited to)—
- (a) requiring a party to the contract to do anything or pay any sum of money to discharge any obligation under the contract; and
- (b) in a case where a right of repossession of goods under the contract or of re-entry or forfeiture under a lease or licence of immovable property had been exercised by a party in
