Part 4Enforcement and remedies
Orders, injunctions, and prohibited enforcement: Court's general power to make orders
94ACourt orders in relation to repossessions
The court may make all or any of the orders referred to in this section if the court finds that a person (whether or not that person is a party to any proceedings) has suffered loss or damage by the conduct of any creditor, or creditor's agent, that constitutes, or would constitute, a breach of any of the provisions of Part 3A.
In any proceedings relating to a breach of Part 3A, the court must have regard to the following matters:
- the conduct of the parties:
- the nature of the default:
- any other matters the court considers appropriate.
The court may make an order granting any relief that is reasonable, and for that purpose—
- relief may be granted on such terms, if any, as to costs, expenses, damages, compensation, penalty, or otherwise as the court, in the circumstances of each case, thinks fit; and
- in the case of an application relating to a repossession, relief may include compensation for non-financial loss, stress, humiliation, and inconvenience; and
- relief may include a variation in the terms of the credit contract.
In any legal proceedings in relation to a credit contract after the creditor has repossessed the consumer goods, the court before which such proceedings are brought may, subject to the jurisdiction of the particular court, vary or discharge any judgment or order of any other court against the debtor for recovery of money so far as is necessary to give effect to a set-off against any amount owing to the debtor under the provisions of sections 83ZJ and 83ZM.
Notes
- Section 94A: inserted, on , by section 61 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).


