12Interests of non-parties to contract

#### 12 Interests of non-parties to contract 12 Interests of non-parties to contract > > (1) Where in proceedings for relief under this Act in relation to a contract it appears to the Court that a person who is not a party to the contract has shared in, or is entitled to share in, benefits derived or to be derived from the contract, it may make such orders against or in favour of that person as may be just in the circumstances. > > > (2) The Court shall not exercise its powers under this Act in relation to a contract unless it is satisfied— > > > > > (a) that the exercise of those powers would not prejudice the rights of a person who is not a party to the contract, or > > > > > (b) that, if any such rights would be so prejudiced, it would not be unjust in all the circumstances to exercise those powers, > > > > but this subsection does not apply in relation to such a person if the Court has given the person an opportunity to appear and be heard in the proceedings.