Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if an agreement, or a provision of an agreement, is unenforceable because of section 369.
(2) A party to the agreement is not entitled, as against any other party:
(a) to enforce the agreement or provision, as the case may be, whether directly or indirectly; or
(b) to rely on the agreement or provision, as the case may be, whether directly or indirectly and whether by way of defence or otherwise.
(3) A party (the first party ) to the agreement is not entitled to recover by any means (including, for example, set - off, a quasi - contractual claim or a claim for a restitutionary remedy) any amount that another party would have been liable to pay to the first party under or in connection with the agreement or provision, as the case may be, if this section had not been enacted.