Malaysia legislation
Section 65
Section 65
(2)
An application for an order under this section may be made by—
(a)
the consumer;
(b)
the supplier; or
(c)
any other person who has suffered loss.
(3)
An order under this section may—
(a)
vest in any party to the proceedings the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it;
(b)
direct any party to the proceedings to transfer or assign to any other such party or to give him the possession of the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it;
(c)
without prejudice to any right to recover damages, direct any party to the proceedings to pay to any other such party such sum as the court thinks just; or
(d)
permit a supplier to retain the whole or any part of any money paid or other consideration provided in respect of the services under the contract.
(4)
An order under subsection (1) or any provision of it, may be made on and subject to such terms and conditions as the court thinks fit, not being a term or condition that would have the effect of preventing a claim for damages by any party.
WJW21/1045 Act 599.indd 81 18/03/2022 6:42 PM
82
Act 599
(5)
In considering whether to make an order under this section, and in considering the terms and conditions it proposes to impose, the court shall have regard to the following:
(a)
any benefit or advantage obtained by the consumer by reason of anything done by the supplier in or for the purpose of supplying the services;
(b)
the value, in the opinion of the court, of any work or services performed by the supplier in or for the purpose of supplying the services;
(c)
any expenditure incurred by the consumer or the supplier in or for the purpose of the performance of the services;
(d)
the extent to which the supplier or the consumer was or would have been able to perform the contract in whole or in part; and
(e)
such other matters as the court thinks fit.
(6)
No order under paragraph (3)(a) shall be made if it would have the effect of depriving a person, not being a party to the contract, of the possession of, or any estate or interest in, any property acquired by him in good faith and for valuable consideration.
(7)
No order shall be made under this section in respect of any property if any party to the contract has so altered his position in relation to the property, whether before or after the cancellation of the contract, that having regard to all the relevant circumstances, it would in the opinion of the court, be inequitable to any party to make such an order.