FAIR TRADING ACT 2010 - SECT 58
FAIR TRADING ACT 2010 - SECT 58
58 . Instituting, defending or assuming conduct or defence of legal proceedings on behalf of consumers or businesses
(1) This section
applies where —
(a)
after a complaint or matter has been made or referred to the Department, the
Commissioner is satisfied —
(i)
that a consumer has a cause of action or a good defence
to an action; and
(ii)
that it is in the public interest or proper to institute,
defend or assume the conduct or defence of legal proceedings on behalf of the
consumer;
or
(b) the
Commissioner is satisfied that it is proper to institute, defend or assume the
conduct or defence of legal proceedings on behalf of a business in relation to
the supply or possible supply of goods or services in trade or commerce
because a matter of public interest is involved.
(2) If this section
applies, the Commissioner may —
(a)
where subsection (1)(a) applies, on behalf of the consumer, institute legal
proceedings against any other person, or defend any proceedings brought
against the consumer, or assume the conduct or defence of proceedings already
commenced by or against the consumer, with a view to enforcing or protecting
the rights of the consumer in relation to any infringement or suspected
infringement by that other person of those rights or of any of the provisions
of any Act or any other law relating to the interests of consumers; or
(b)
where subsection (1)(b) applies, on behalf of the business, institute legal
proceedings against any other person, or defend any proceedings brought
against the business, or assume the conduct or defence of proceedings already
commenced by or against the business.
(3) The Commissioner
must not institute, defend or assume the conduct or defence of any proceedings
under this section —
(a)
unless either —
(i)
the amount claimed or involved in either case does not
exceed $100 000 or such greater amount as is prescribed for the purposes of
this paragraph; or
(ii)
an order for specific performance of a contract, or an
order in the nature of an order for specific performance of a contract, is the
only remedy sought in the proceedings;
and
(b)
without first obtaining —
(i)
the written consent of the consumer or, as the case
requires, the business, which once given cannot be revoked unless the
Commissioner consents to the revocation; and
(ii)
the written consent of the Minister, which may be given
subject to any conditions the Minister thinks fit.
(4) The Commissioner
may make any investigation or inquiry under Part 6 that the Commissioner
considers necessary or desirable for the purposes of —
(a)
satisfying himself or herself that it is proper to institute, defend or assume
the conduct or defence of legal proceedings on behalf of a business under
subsection (1)(b); and
(b)
instituting, defending or assuming the conduct or defence of those
proceedings; and
(c)
conducting those proceedings.
(5) Nothing in
subsection (4) limits Part 6.
[Section 58 amended: No. 11 of 2013 s. 11.]