FAIR TRADING ACT 1987 - SECT 74
Actions for damages and compensation orders
FAIR TRADING ACT 1987 - SECT 74
Actions for damages and compensation orders
74 Actions for damages and compensation orders
(1) Sections 236 (2) and 237
(3) of the ACL do not apply to a cause of action to which Division 6 of Part 2
of the Limitation Act 1969 applies.
(2) The powers conferred on the Supreme
Court under section 237, 238 or 243 of the ACL in relation to a contract or
arrangement do not affect any powers that another court may have in relation
to the contract or arrangement in proceedings instituted in that other court
in respect of the contract or arrangement.
(3) The Tribunal may decide the
matter of whether a person has suffered loss or damage because of the conduct
of another person that constitutes a local contravention or a contravention of
Chapter 2 or 3 of the ACL if that matter arises in connection with another
matter the subject of proceedings in the Tribunal. In deciding the matter of
loss or damage, the Tribunal may award such sum, and make such ancillary
orders, as it thinks fit.
(4) A reference to loss or damage in section 236,
237 or 238 of the ACL and in this section does not, if the loss or damage
arises from a contravention of Part 2-1, 3-1 or 4-1 of the ACL, include a
reference to--
(a) the death of a person, or
(b) personal injury to a person
(including any pre-natal injury, any impairment of the person's physical or
mental condition and any disease).
