33CCommencement of proceeding

33C Commencement of proceeding (1) Subject to this Part, if— (a) seven or more persons have claims against the same person; and (b) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances; and (c) the claims of all those persons give rise to a substantial common question of law or fact— a proceeding may be commenced by one or more of those persons as representing some or all of them. (2) A group proceeding may be commenced— (a) whether or not the relief sought— (i) is, or includes, equitable relief; or (ii) consists of, or includes, damages; or (iii) includes claims for damages that would require individual assessment; or (iv) is the same for each person represented; and (b) whether or not the proceeding— (i) is concerned with separate contracts or transactions between the defendant and individual group members; or (ii) involves separate acts or omissions of the defendant done or omitted to be done in relation to individual group members. S. 33D inserted by No. 78/2000 s. 13.