179Other orders to compensate loss or damage

179  Other orders to compensate loss or damage

Court may make other orders to compensate loss or damage

 (a) a person (the defendant) has contravened a civil penalty provision or has committed an offence against this Act (other than the National Credit Code); and

 (b) another person (the plaintiff) has suffered, or is likely to suffer, loss or damage as a result of the contravention or commission of the offence;

the court may make such order as the court considers appropriate against the defendant to:

 (c) compensate the plaintiff, in whole or in part, for the loss or damage; or

 (d) prevent or reduce the loss or damage suffered, or likely to be suffered, by the plaintiff.

Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 166.

 (2) Without limiting subsection (1), examples of orders the court may make include:

 (a) an order declaring the whole or any part of a contract, deed or arrangement made between the defendant and the plaintiff to be void and, if the court considers it appropriate, to have been void from the time it was entered or at all times on and after a specified day before the order is made; and

 (b) an order varying such a contract, deed or arrangement in such manner as is specified in the order and, if the court considers it appropriate, declaring the contract, deed or arrangement to have had effect as so varied on and after a specified day before the order is made; and

 (c) an order refusing to enforce any or all of the terms of such a contract, deed or arrangement; and

 (d) an order directing the defendant to refund money or return property to the plaintiff; and

 (e) an order directing the defendant to pay to the plaintiff the amount of loss or damage the plaintiff suffered; and

 (f) an order directing the defendant, at the defendant’s own expense, to supply specified services to the plaintiff.

 (b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.

 (4) For the purposes of paragraph (3)(a), ASIC may make an application on behalf of the plaintiff, but only if the plaintiff has given consent in writing before the application is made.

 (5) If the court makes an order that the defendant pay an amount specified in the order to the plaintiff, the plaintiff may recover the amount as a debt due to the plaintiff.

Presumption in favour of certain orders

 (6) Subsection (7) applies if:

 (a) the defendant is a credit provider who has contravened section 133 by entering into, or increasing the credit limit of, a credit contract (the illegal contract) that is not a credit contract for a reverse mortgage; and