Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_238
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 238
Character Range: 338682–339769

238  Compensation orders etc. arising out of other proceedings

 (1) If a court finds, in a proceeding instituted under a provision of Chapter 4 or this Chapter (other than this section), that a person (the injured person) who is a party to the proceeding has suffered, or is likely to suffer, loss or damage because of the conduct of another person that:
 (a) was engaged in a contravention of a provision of Chapter 2, 3 or 4; or
 (b) constitutes applying or relying on, or purporting to apply or rely on, a term of a consumer contract that has been declared under section 250 to be an unfair term;
the court may make such order or orders as it thinks appropriate against the person who engaged in the conduct, or a person involved in that conduct.

Note: The orders that the court may make include all or any of the orders set out in section 243.

 (2) The order must be an order that the court considers will:
 (a) compensate the injured person in whole or in part for the loss or damage; or
 (b) prevent or reduce the loss or damage.

Subdivision B—Orders for non‑party consumers