Sch 2 s 286Joint liability proceedings and recovery under section 135 of the National Credit Code

286 Joint liability proceedings and recovery under section 135 of the National Credit Code

(1) If:

(a) a consumer is seeking, in joint liability proceedings, to recover an amount under section 279 in relation to a contract for the supply of goods or services; and

(b) the contract has been rescinded or discharged (whether under this Schedule or any other law); and

(c) as a result of the contract being rescinded or discharged, the consumer is entitled under section 135 of the National Credit Code to terminate a linked credit contract; and

(d) the consumer terminates the linked credit contract under that section;

the following amounts may be recovered in the joint liability proceedings (to the extent that they have not been recovered under section 135 of the National Credit Code):

(e) any amount that the consumer is entitled under section 135 of the National Credit Code to recover from the credit provider under the linked credit contract;

(f) any amount that the credit provider is entitled under section 135 of the National Credit Code to recover from:

(i) the consumer; or

(ii) if the supplier under the contract for the supply of goods or services is a party to the joint liability proceedings—the supplier.

(2) An amount that is recovered under subsection (1) ceases to be recoverable under section 135 of the National Credit Code.