94Court orders

1. The types of orders that the court may make against the person who engaged in the conduct referred to in section 93 are as follows:

2. an order directing the person to refund or credit a payment in accordance with section 48:
3. an order directing the person to pay to any person who has suffered loss or damage by that conduct an amount not exceeding the amount of the loss or damage (to the extent that any statutory damages that are to be paid do not adequately compensate the person for the loss or damage):
4. an order directing the person to pay exemplary damages to any person who has suffered loss or damage by that conduct:
5. in the case of a breach of section 9C(3)(a) to (e) or (5) (lender responsibility principles) or subpart 6A of Part 2 (provisions relating to debtors under high-cost consumer credit contracts),—
   1. an order that allows for the affordable repayment of any unpaid debt, including the amount and timing of payments:
   2. an order that prohibits the creditor from charging further interest, fees, or other charges under the contract:
   3. any other order that the court thinks necessary to remedy the breach (which may include any of the orders referred to in section 127(2) as if the court were reopening the consumer credit contract):
6. an order that—
   1. a fee imposed in contravention of section 41, 80, or 82, and any interest paid or payable in relation to that fee, must be reduced by a specified amount, in which case—
      1. only the reduced fee or interest is payable to the creditor, transferee, buy-back promoter, or associated person (as the case may be); or
      2. if the fee or interest has been paid or debited under the consumer credit contract or buy-back transaction, the creditor, transferee, buy-back promoter, or associated person (as the case may be) must refund the amount by which the fee or interest was reduced; or
   2. no credit fee, default fee, buy-back fee, buy-back default fee, or other fee may be imposed or debited (in which case no fee, and no interest on that fee, is payable to the creditor, transferee, buy-back promoter, or associated person (as the case may be)); or
   3. if the court makes an order under subparagraph (ii) and the fee or interest has already been paid or debited, the creditor, transferee, buy-back promoter, or associated person must,—
      1. if the fee or interest has been paid, refund the amount of that fee and any interest paid in relation to that fee:
      2. if the fee or interest has been debited, reverse that transaction:
7. in the case of a breach of section 69(1), an order that—
   1. the insurance, repayment waiver, or extended warranty be annulled on any terms and conditions that the court thinks fit:
   2. all or part of the premium or any other amount payable in relation to the insurance, repayment waiver, or extended warranty be reimbursed to the debtor or lessee by the creditor or lessor:
8. any other order that the court thinks fit for the purpose of giving effect to an order under paragraph (ca) or (cb):
9. an order for any consequential relief that the court thinks fit.

10. The court must not make an order under subsection (1)(c) if a penalty has been imposed against the person in relation to the same conduct under section 103.

11. In determining an order under subsection (1)(c), the court must have regard to whether a penalty has been imposed against the person in relation to the same conduct under section 107A.