Section 279 — Competition and Consumer Act 2010: Action by consumer to recover amount of loss or damage

(1) If a linked credit provider, and a supplier of the goods or services, are liable under section 278 to a consumer for an amount of loss or damage, the consumer may recover the amount by action in a court of competent jurisdiction. (2) The consumer must bring the action against the linked credit provider and the supplier jointly. (3) Subsection (2) does not apply if: (a) the supplier has been dissolved or the winding up of the supplier has commenced; or (b) both of the following apply: (i) in the opinion of the court in which the action is taken, it is not reasonably likely that a judgment obtained against the supplier would be satisfied; (ii) that court has, on the application of the consumer, declared that that subsection does not apply in relation to the proceedings.