310Relief from sections 306 and 307

310 Relief from sections 306 and 307 (1) In this section pawnbroker includes a person who has acted as a pawnbroker although not under a pawnbroker's licence or a pawnbroker/second-hand dealer's licence held by the person.

Consumer Affairs and Fair Trading Act 1990 124 (2) A pawnbroker affected by section 306 or 307 may apply to a court of competent jurisdiction for relief from the section. (3) Where an application is made under subsection (2), the Court after considering the circumstances, including the conduct of the pawnbroker and the other party to the contract and any loss suffered by the other party, may refuse to make an order or may make an order as to the amount (if any) to be paid or recovered by the other party that it thinks fit. (4) If the other party to the contract has suffered loss as a result of a contravention of section 247 or 280 the Court is to ensure in making an order under subsection (3) that the amount that that party would have been liable to pay but for the contravention is reduced by an amount that is not less than the amount of the loss. (5) A contract has effect subject to an order, if any, made in relation to it under this section. (6) An amount payable to a person under an order of the Court under this section is recoverable in a court of competent jurisdiction as a debt.