66Commencement of representative proceedings

66 Commencement of representative proceedings

[Section 66 Amended by S.R. 1977, No. 150 ][Section 66 Amended by No. 29 of 1984, sched. 1 ][Section 66 Repealed by No. 14 of 1993, s. 19 ]

(1)  Subject to this Part, if –

(a) 7 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 –

proceedings may be commenced by one or more of those persons as representing some or all of them.

(2)  Representative proceedings 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 proceedings –

(i) are concerned with separate contracts or transactions between the defendant in the proceedings and individual group members; or

(ii) involve separate acts or omissions of the defendant done or omitted to be done in relation to individual group members.