24Effect of splitting cause of action

#### 24 Effect of splitting cause of action 24 Effect of splitting cause of action (cf Act No 9 1973, section 49; Act No 11 1970, section 13) > > (1) If— > > > > > (a) a person (the first person) splits any cause of action against another person (the other person) so as to commence proceedings, or make a cross-claim, for part only of the amount for which proceedings may be commenced on that cause, and > > > > > (b) judgment is given or entered, or a final order is made, on the proceedings or cross-claim, > > > > the other person is entitled to judgment in any other proceedings, whether in that or any other court, with respect to the same cause of action. > > > (2) Despite subsection (1), if the other person has given a number of securities in respect of a claim made by the first person, the first person— > > > > > (a) may commence proceedings in any court in respect of each of those securities, or > > > > > (b) may make a cross-claim in proceedings in any court in respect of each of those securities, > > > > as if each of those securities gave rise to a distinct cause of action, and may do so whether or not the claim made by the first person is for an amount that is more than the court’s jurisdictional limit. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].