55Actions by the Crown in respect of rights which do not directly concern the Crown

55 Actions by the Crown in respect of rights which do not directly concern the Crown

[Section 55 Amended by S.R. 1977, No. 150 ]

(1)  Except in cases where it is otherwise provided (either expressly or by implication) by this Act or some other statute (whether passed before or after the commencement of this Act), or where some special provision is made by some other statute (whether passed before or after the commencement of this Act), all actions –

(a) for the protection of any public right, including any action to restrain any person, public authority, or public officer from contravening or exceeding any power or authority conferred upon such person, public authority, or public officer by any statute or charter, and the contravention or exceeding of which tends to the public injury, or from contravening or unlawfully evading any provision for the protection of the public contained in any statute or charter;

(b) on behalf of the Government of this State in respect of any other right or interest which does not directly concern His Majesty in right of this State, but which is enforceable by action on his behalf –

shall be instituted by and in the name of the Attorney-General, or by some person, public authority, or public officer as relator in the name of the Attorney-General, and not otherwise.

(2)  Subject to the Rules of Court , every such action shall be instituted and prosecuted in the same form and manner as an action between subject and subject, and not otherwise.

(3)  But nothing in this section contained shall preclude any person from instituting and prosecuting an action in his or its own name (and it is hereby declared that a person is so entitled to sue) in any of the following cases:

(a) Where the contravention or exceeding of any such power or authority as is mentioned in subsection (1) (a) , or the contravention or unlawful evasion of any provision for the protection of the public contained in any statute or charter, or any other interference with a public right, involves or will involve an interference with or the violation of some private right of such person;

(b) Where, although no private right of such person is interfered with or violated, he or it has suffered, or will suffer, in respect of a public right, and from the interference therewith, particular damage, which is direct and substantial, and peculiar to himself or itself, or beyond that which has been or will be suffered by the public generally;