sec.103MWhere not all issues are common

### sec.103M Where not all issues are common If it appears to the court that deciding the issue or issues common to all group members will not finally decide the claims of all group members, the court may give directions in relation to deciding the remaining issues. If an issue is common to the claims of some only of the group members, the directions given by the court may include directions— establishing a sub-group consisting of those group members; and appointing a person to be the sub-group representative party for the sub-group members. If the court appoints a person other than the representative party to be a sub-group representative party, that person, and not the representative party, is liable for costs associated with deciding the issue or issues common to the sub-group members. s 103M ins 2016 No. 59 s 10 (sec.103M-ssec.1) If it appears to the court that deciding the issue or issues common to all group members will not finally decide the claims of all group members, the court may give directions in relation to deciding the remaining issues. (sec.103M-ssec.2) If an issue is common to the claims of some only of the group members, the directions given by the court may include directions— establishing a sub-group consisting of those group members; and appointing a person to be the sub-group representative party for the sub-group members. (sec.103M-ssec.3) If the court appoints a person other than the representative party to be a sub-group representative party, that person, and not the representative party, is liable for costs associated with deciding the issue or issues common to the sub-group members. - (a) establishing a sub-group consisting of those group members; and - (b) appointing a person to be the sub-group representative party for the sub-group members.