78Court may determine claim of unconscionable conduct

78 Court may determine claim of unconscionable conduct (1) A landlord or tenant, or former landlord or tenant, who suffers loss or damage as a result of unconscionable conduct of another person in contravention of section 79 or 80 may apply to a court of competent jurisdiction to recover the amount of the loss or damage from the other person. (2) In determining whether section 79 or 80 has been contravened: (a) the court must not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and (b) the court may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement. (3) If the issue of loss or damage as a result of unconscionable conduct of a person in contravention of section 79 or 80 arises in connection with another matter the subject of proceedings in the court, the court may decide the issue, and in so doing may award the sum it thinks fit.