Orders as to damages on application of respondent
117ABJ Orders as to damages on application of respondent
(1) The Supreme Court may make an order under this section if, in a proceeding under this Division in relation to an alleged contravention of this Act commenced by a person referred to in section 117AA(1)(c), (d), (e) or (f), the Court determines:
that the respondent has not contravened this Act; and
(b) that the respondent has suffered loss or damage as a result of the commencement of the proceeding under this Division; and
(c) that in the circumstances it is appropriate to make an order under this section.
(2) The Supreme Court may, on the application of the respondent, and in addition to any order as to costs, require a person referred to in section 117AA(1)(c), (d), (e) or (f) who is the applicant in a proceeding under this Division to pay to the respondent the amount determined by the Court to compensate the respondent for the loss or damage suffered by the respondent.
This Act’s bill:Second reading speech
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