57Compensation in civil proceedings

57 Compensation in civil proceedings

(1)  In this section –

loss or damage does not include the death of or injury to a person but, without limiting what it may include, does include –

(a) the cost of repairing a defect in a motor vehicle; and

(b) loss and costs suffered because the sale, purchase or exchange contract or financial agreement did not meet the requirements of this Act; and

(c) loss and costs suffered in obtaining the rescission of a contract under section 55 .

(2)  If a person suffers loss or damage as a result of a contravention of a provision of this Act by a licensed motor vehicle trader or other person, that person may recover an amount equal to the loss or damage suffered from the licensed motor vehicle trader or other person in a court of competent jurisdiction.

(3)  In determining the loss or damage suffered by a person, the court may have regard to the difference between the market value of the motor vehicle at the time it was purchased by the person and the purchase price paid.

(4)  For the purposes of determining the loss or damage suffered by a person as a result of a licensed motor vehicle trader contravening section 35 or 36 , the loss or damage is the amount paid by the person who purchased the motor vehicle in discharging the encumbrance on the title to the vehicle.

(5)  In an action under this section for loss or damage suffered by reason of a contravention of section 31  –

(a) a finding of any fact by a court made in proceedings for an offence against that section is evidence of that fact; and

(b) the finding may be proved by production of a document under the seal of the court from which the finding appears.