Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32ZH

Court may allow amounts paid or payable to be recovered or paid

32ZH. Court may allow amounts paid or payable to be recovered or paid

Despite section 32ZG, the court may, if it considers it just to do so having
regard to all the circumstances of the case, allow a party to a discharged
contract-

   (a)  to whom amounts were paid or are payable under that contract before
        the time of discharge; and





   (b)  who has incurred expenses before the time of discharge in or for the
        purpose of the performance of that contract-

to retain or recover (as the case may be) the whole or any part of the amounts
paid or payable to that party under the contract in an amount not exceeding
the expenses incurred.