89Appeals

### 89 Appeals > *\[Section 89 Repealed by No. 63 of 1963, s. 2 and Sched. 1 \]* > > > (1)  Subject to the Rules of Court and without limiting the application of [section 40](#GS40@EN) , the following appeals from a judgment of the Court in representative proceedings may be brought under that section as representative proceedings: > > > > > > (a) an appeal by the representative party on behalf of group members in respect of a judgment to the extent that it relates to questions common to the claims of the group members; > > > > > > > (b) an appeal by a sub-group representative party on behalf of sub-group members in respect of a judgment to the extent that it relates to questions common to the claims of the sub-group members. > > > (2)  The parties to an appeal in respect of the determination of a question that relates only to the claim of an individual group member are that group member and the defendant. > > > (3)  If the representative party or the sub-group representative party does not institute an appeal within the time allowed for doing so, another member of the group or sub-group may, within a further 21-day period, institute an appeal as representing the group members or sub-group members. > > > (4)  If an appeal is brought from the judgment of the Court in representative proceedings, the Court hearing the appeal may direct that notice of the appeal be given to such persons, and in such manner, as it considers appropriate. > > > (5)  This Part, other than [section 71](#GS71@EN) , applies to appeal proceedings that relate to representative proceedings despite any other provisions of this Act, the provision of any other Act or any other law. > > > (6)  The notice instituting an appeal in relation to questions that are common to the claims of group members or sub-group members must describe or otherwise identify the group members or sub-group members but need not specify the names or number of those members.