New South Wales Consolidated Acts

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HOME BUILDING ACT 1989 - SECT 48O

Powers of Tribunal

48O Powers of Tribunal

(1) In determining a building claim, the Tribunal is empowered to make one or more of the following orders as it considers appropriate--
(a) an order that one party to the proceedings pay money to another party or to a person specified in the order, whether by way of debt, damages or restitution, or refund any money paid by a specified person,
(b) an order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings,
(c) an order that a party to the proceedings--
(i) do any specified work or perform any specified service or any obligation arising under this Act or the terms of any agreement, or
(ii) do or perform, or refrain from doing or performing, any specified act, matter or thing.
(2) The Tribunal can make an order even if it is not the order that the applicant asked for.
(3) Sections 79R and 79T- 79V of the Fair Trading Act 1987 apply, with any necessary modifications, to and in respect of the determination of a building claim.



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