Sch 1 (National Credit Code), s 175AC
In forceLessee may recover fees and charges exceeding base price if cap is breached
Volume 2Chapter 7 (sections 323 to 337), Schedule 1, Endnotes
175AC Lessee may recover fees and charges exceeding base price if cap is breached
If a lessor contravenes subsection 175AA(1) or (2) in relation to a consumer lease:
(a)
the lessee is not liable (and is taken never to have been liable) to pay any amount under the consumer lease that exceeds the base price of the goods hired under the consumer lease (whether or not the liability is imposed consistently with this Code); and
(b)
the lessee may recover as a debt due to the lessee the amount of any payment made by the lessee that, in accordance with paragraph (a), the lessee is not liable to pay.
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