Sch 2 s 279Action by consumer to recover amount of loss or damage

279 Action by consumer to recover amount of loss or damage

(1) If a linked credit provider, and a supplier of the goods or services, are liable under section 278 to a consumer for an amount of loss or damage, the consumer may recover the amount by action in a court of competent jurisdiction.

(2) The consumer must bring the action against the linked credit provider and the supplier jointly.

(3) Subsection (2) does not apply if:

(a) the supplier has been dissolved or the winding up of the supplier has commenced; or

(b) both of the following apply:

(i) in the opinion of the court in which the action is taken, it is not reasonably likely that a judgment obtained against the supplier would be satisfied;

(ii) that court has, on the application of the consumer, declared that that subsection does not apply in relation to the proceedings.