TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 87 Ancillary orders.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 87

87. (1) Where in a proceeding instituted under or for an offence against this
Part the Court finds that there has been a contravention of a provision of
Part IV or V, the Court may, in addition to imposing a penalty under
section 77 or 79, granting an injunction under section 80 or making an order
under section 82 in an action for the recovery of the amount of any loss or
damage, make such other orders as it thinks fit to redress injury to persons
caused by any conduct to which the proceeding relates or any like conduct
engaged in by the defendant.

(2) The orders that may be made under sub-section (1) include, but are not
limited to-

   (a)  an order declaring the whole or any part of a contract or of a
        collateral arrangement relating to a contract to be void and, if the
        Court thinks fit, to have been void ab initio or at all times on and
        after such date before the date on which the order is made as is
        specified in the order;

   (b)  an order varying a contract or such an arrangement in such manner as
        is specified in the order and, if the Court thinks fit, declaring the
        contract or arrangement to have had effect as so varied on and after
        such date before the date on which the order is made as is so
        specified;

   (c)  an order directing the refund of money or the return of property; and

   (d)  an order directing the payment to a person who has suffered loss or
        damage of the amount of the loss or damage.

(3) Where-

   (a)  a contract made before the expiration of the period referred to in
        sub-section 2 (4) is unenforceable by reason of section 45 in so far
        as it confers rights or benefits or imposes duties or obligations on a
        corporation; or

   (b)  the engaging in conduct by a corporation in pursuance of or in
        accordance with a contract made before the expiration of that period
        would constitute a contravention of section 47, the Court may, on the
        application of a party to the contract, make an order-

   (c)  varying the contract, or a collateral arrangement relating to the
        contract, in such manner as the Court considers just and equitable; or

   (d)  directing another party to the contract to do any act in relation to
        the first-mentioned party that the Court considers just and equitable.

(4) The orders that may be made under sub-section (3) include an order
directing the termination of a lease or the increase or reduction of any rent
or premium payable under a lease.

(5) The powers conferred on the Court under this section in relation to a
contract do not affect any powers that any other court may have in relation to
the contract in proceedings instituted in that other court in respect of the
contract.