Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_237
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 237
Character Range: 337114–338682

237  Compensation orders etc. on application by an injured person or the regulator

 (1) A court may:
 (a) on application of a person (the injured person) who has suffered, or is likely to suffer, loss or damage because of the conduct of another person that:
 (i) was engaged in a contravention of a provision of Chapter 2, 3 or 4; or
 (ii) 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; or
 (b) on the application of the regulator made on behalf of one or more such injured persons;
make such order or orders as the court thinks appropriate against the person who engaged in the conduct, or a person involved in that conduct.

Note 1: For applications for an order or orders under this subsection, see section 242.

Note 2: 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, or any such injured persons, in whole or in part for the loss or damage; or
 (b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the injured person or any such injured persons.

 (3) An application under subsection (1) may be made at any time within 6 years after the day on which:
 (a) if subsection (1)(a)(i) applies—the cause of action that relates to the conduct referred to in that subsection accrued; or
 (b) if subsection (1)(a)(ii) applies—the declaration referred to in that subsection is made.