Malaysia legislation
Section 29
Section 29
(a)
a contravention of;
(b)
aiding, abetting, counselling or procuring the contravention of;
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(c)
inducing by threats, promises or otherwise the contravention of;
(d)
being in any way knowingly concerned in or party to, whether directly or indirectly, the contravention of; or
(e)
conspiring with any other person in the contravention of, any of the provisions of Part II or III, the court may, without prejudice to any other relief it may grant, make any or all of the orders referred to in subsection (2).
(2)
For the purposes of this section, the court may make the following orders:
(a)
an order declaring—
(i)
the whole or any part of a contract made between the person who suffered or is likely to suffer the loss or damage and the person who engaged in the conduct referred to in subsection (1); or
(ii)
the whole or any part of a collateral arrangement relating to such a contract, to be void and, if the court thinks fit, to be void ab initio or at all times on and after such date, before the date on which the order is made, as may be specified in the order;
(b)
an order varying the contract or arrangement in such manner as may be specified in the order and, if the court thinks fit, declaring the contract or arrangement to have had effect as so varied on and after such date, before the date on which the order is made, as may be specified in the order;
(c)
an order directing the person who engaged in the conduct referred to in subsection (1)—
(i)
to refund the money or return the property;
(ii)
to pay the amount of the loss or damage;
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(iii)
at the person’s own expense, to repair or provide parts for goods that have been supplied by him;
(iv)
at the person’s own expense, to supply specified services, to the person who suffered, or is likely to suffer, the loss or damage, as the case may be.
(3)
An order under paragraph (2)(a) or (b) shall not prevent proceedings from being instituted or maintained under this Part.
(4)
In an application for an order against a person under this section, a finding of fact made in proceedings for an offence under section 25, being proceedings in which that person was found to have engaged in conduct of the kind referred to in subsection (1), shall be prima facie evidence of that fact and the finding may be proved by the production of a document under the seal of the court in which the finding was made.