New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 76

Compensation orders etc arising out of unfair contract terms

76 Compensation orders etc arising out of unfair contract terms

In determining whether to make an order under section 237 (1) or 238 (1) of the ACL in relation to--

(a) a contravention of a provision of Part 2-2 of the ACL, or
(b) a term of a consumer contract that has been declared under section 250 of the ACL to be an unfair term,
the court may have regard to the conduct of the parties to the proceeding referred to in that subsection since the contravention occurred or the declaration was made.



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