Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_279
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 279
Character Range: 2788037–2788888

279  Action by consumer to recover amount of loss or damage
 (1) If a linked credit provider, and a supplier of the goods or services, are liable under section 278 to a consumer for an amount of loss or damage, the consumer may recover the amount by action in a court of competent jurisdiction.
 (2) The consumer must bring the action against the linked credit provider and the supplier jointly.
 (3) Subsection (2) does not apply if:
 (a) the supplier has been dissolved or the winding up of the supplier has commenced; or
 (b) both of the following apply:
 (i) in the opinion of the court in which the action is taken, it is not reasonably likely that a judgment obtained against the supplier would be satisfied;
 (ii) that court has, on the application of the consumer, declared that that subsection does not apply in relation to the proceedings.