180AOrders to remedy unfair or dishonest conduct by credit service providers

180A  Orders to remedy unfair or dishonest conduct by credit service providers

 (1) The court may make one or more of the orders described in subsection (2) if the court is satisfied that:

 (a) a person (the defendant) provided a credit service to a consumer (the plaintiff); and

 (b) the defendant engaged in conduct that:

 (i) was connected with the provision of the service; and

 (ii) was unfair or dishonest; and

 (c) the conduct had one or more of the following results:

 (i) the plaintiff entered a credit contract, consumer lease, mortgage or guarantee that the plaintiff would not have entered apart from the conduct;

 (ii) the plaintiff entered a credit contract, consumer lease, mortgage or guarantee whose terms were different from a credit contract, consumer lease, mortgage or guarantee the plaintiff would have entered apart from the conduct;

 (iii) the plaintiff became liable to pay fees, costs or charges to the defendant or someone else.

 (2) The orders are as follows:

 (a) an order that the defendant take, or refrain from taking, specified action;

 (b) an order that the defendant pay the plaintiff a specified amount;

 (c) an order that a specified amount is not due or owing by the plaintiff to the defendant;

 (d) any other order the court considers appropriate to:

 (i) redress the unfairness or dishonesty; or

 (ii) prevent the defendant from profiting from the plaintiff by engaging in the conduct;

  except an order that affects a credit contract, consumer lease, mortgage or guarantee to which the conduct related.

Determining whether conduct was unfair or dishonest

 (3) In determining whether conduct was unfair or dishonest, the court:

 (a) must have regard to the extent (if any) to which one or more of the circumstances described in subsection (4) existed; and

 (b) must consider it more likely that the conduct was unfair or dishonest the more any of those circumstances existed and the more any of them affected the plaintiff’s interests.

This does not limit the matters to which the court may have regard.

 (4) The circumstances are as follows:

 (a) the plaintiff was at a special disadvantage in dealing with the defendant in relation to the transaction involving:

 (i) the conduct; and

 (ii) a credit contract, consumer lease, mortgage or guarantee to which the conduct related; and

 (iii) any other contract requiring the plaintiff to make payments for the purposes of which it is reasonable to expect the plaintiff would or did enter such a credit contract, consumer lease, mortgage or guarantee;