FAIR TRADING ACT 1987 - SECT 77
Remedy for supply of goods in contravention of certain provisions
FAIR TRADING ACT 1987 - SECT 77
Remedy for supply of goods in contravention of certain provisions
77 Remedy for supply of goods in contravention of certain provisions
(1)
This section applies if--
(a) goods are supplied to a person in contravention
of section 106 or 118 of the ACL, or
(b) goods are supplied to a person and
the supply of the goods is an offence under section 194 or 197 of the ACL
(whether or not there has been a conviction for the offence).
(2) The person
to whom the goods were supplied may recover from the supplier as a debt any
money paid for the goods.
(3) If judgment is given for the plaintiff in an
action under subsection (2), the judgment debt may, if the court so directs,
be satisfied by repair or modification of the goods in such a manner that--
(a) the contravention relied on by the plaintiff would not have occurred if
the goods had been supplied as repaired or modified, or
(b) the repaired or
modified goods are accepted by the plaintiff on or before a day specified in
the direction.
