(1) A party, or former
party, under a retail shop lease or former retail shop lease who suffers, or
is likely to suffer, loss or damage because of misleading or deceptive conduct
of another party or former party to the lease may apply in writing to the
Tribunal for an order that the other party, or former party, pay compensation
in respect of the loss or damage, or for other appropriate relief.
(2) A misleading or
deceptive conduct application is required to be lodged within 6 years after
the alleged misleading or deceptive conduct occurred.
(3) Without limiting
section 26, in proceedings in relation to a misleading or deceptive conduct
application, the Tribunal may make any one or more of the following orders
that it considers appropriate —
order that a party to the proceedings pay money to a specified person, whether
by way of debt, damages or restitution, or refund any money paid by a
order that a specified amount of money is not due or owing by a party to the
proceedings to a specified person, or that a party to the proceedings is not
entitled to a refund of any money paid to another party to the proceedings.
(4) The Tribunal may
make any ancillary orders that it considers necessary for the purpose of
enabling an order under this section to have full effect.
(5) The Tribunal may
impose any conditions that it considers appropriate when making an order under
(6) The Tribunal may
make an interim order under this section pending final determination of a
misleading or deceptive conduct application, if the Tribunal considers it
appropriate to do so.
(7) In this section
specified , in relation to an order, means
specified in the order.
[Section 16D inserted: No. 59 of 2011 s. 20.]
[Heading inserted: No. 59 of 2011 s. 21.]