Consumer Protection (Fair Trading) Act 2003 · 2020 Revised Edition · Part 2 · Unfair Practices
7. Jurisdiction and powers of courts
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A tribunal for small claims may hear some unfair practice claims and motor vehicle deposit claims. Other courts may order restitution, damages, repairs, specific performance or contract changes. No relief is given for goods or services meant for business use. The court must consider whether the consumer tried to limit loss and settle first.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2018. 2 amendments in all.
Despite section 5(1)(a) of the Small Claims Tribunals Act 1984, a Small Claims Tribunal has jurisdiction to hear and determine —
Small Claims Tribunal
“Small Claims Tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;
any action under section 6(1) insofar as the action relates to an unfair practice involving a relevant contract;
any action under section 8(6), (7) or (8) insofar as the action relates to an undertaking in respect of an unfair practice involving a relevant contract;
any action under any regulations made under section 11 insofar as the action relates to a relevant contract, a time share contract or a time share related contract;
any action under any provisions specified under section 43(2)(j), insofar as the action relates to a relevant contract; or
any action insofar as it relates to a deposit paid in relation to or in contemplation of a motor vehicle sale contract.
In subsection (1), “relevant contract” means a contract mentioned in paragraph 1(a) or (c) of the Schedule to the Small Claims Tribunals Act 1984, but does not include a contract relating to the sale of immovable property.
To avoid doubt, subsections (1)(b) and (2) to (5) of section 5 of the Small Claims Tribunals Act 1984 apply, with the necessary modifications, to a Small Claims Tribunal exercising the jurisdiction conferred by subsection (1).
For the purposes of determining whether an action under section 6(1) exceeds the District Court limit or the Magistrate’s Court limit within the meaning of the State Courts Act 1970, such an action is deemed to be a claim founded on contract.
Without prejudice to any other powers of the court to grant relief, a court (other than a Small Claims Tribunal) may in any proceedings where the court finds that a supplier has engaged in an unfair practice —
supplier
“supplier” means a person who, in the course of the person’s business —(a)provides goods or services to consumers;(b)manufactures, assembles or produces goods;(c)promotes the use or purchase of goods or services; or(d)receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers,and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, has corresponding meanings;
order restitution of any money, property or other consideration given or furnished by the consumer;
award the consumer damages in the amount of any loss or damage suffered by the consumer as a result of the unfair practice;
make an order of specific performance against the supplier;
make an order directing the supplier to repair goods or provide parts for goods; or
make an order varying the contract between the supplier and the consumer.
To avoid doubt, in an action under section 6(1) before a Small Claims Tribunal, the Tribunal may make orders pursuant to the provisions of the Small Claims Tribunals Act 1984.
Despite subsections (5) and (6), the court is not to grant any relief in respect of any goods or services intended for business use in an action under section 6(1).
goods
“goods” means —(a)any personal property, whether tangible or intangible, and includes —(i)chattels that are attached or intended to be attached to real property on or after delivery; and(ii)financial products and credit, including credit extended solely on the security of land;(b)any residential property; or(c)a voucher;
For the purposes of subsection (7), the court may apportion the use of goods and services between business use and non‑business use as the court considers just and equitable in the circumstances of the case (even though the goods or services are indivisible) and grant relief only in respect of the portion of goods and services so attributed with non‑business use.
services
“services” includes —(a)a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;(b)a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;(c)the right to use time share accommodation under a time share contract; and(d)financial services;
For the purposes of subsections (7) and (8) and section 39, goods or services intended for business use include —
goods or services (as the case may be) that the consumer intends to resell in the course of his or her business; and
goods that the consumer intends to use up or transform, in the course of his or her business, in a process of production or manufacturing or in repairing or treating other goods or fixtures,and “business use” and “non-business use” are construed accordingly.
Where the court finds that an unfair practice has occurred, the court must, in making an order in an action under section 6(1), have regard to whether or not the consumer made a reasonable effort to —
unfair practice
“unfair practice” means an unfair practice within the meaning of section 4;
minimise any loss or damage resulting from the unfair practice; and
resolve the dispute with the supplier before commencing the action.
For the purposes of subsection (10)(b), if any specified dispute resolution scheme was available to the consumer in respect of the dispute, the court must consider whether the consumer had sought to resolve the dispute through the scheme.
specified dispute resolution scheme
“specified dispute resolution scheme” means, in respect of disputes arising in relation to any consumer transaction, any dispute resolution scheme specified for the purposes of section 7(11) by regulations made under section 43(2)(k) in respect of disputes arising in relation to a class of consumer transactions to which that consumer transaction belongs;