South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 50U

50U—Proceedings despite previous judgment

        (1)         Subject to subsection (2), proceedings on a cause of action may be commenced against a person or institution in accordance with this Part even though a judgment was given in relation to the cause of action before the commencement of this Part on the ground that the person or institution was not an appropriate defendant.

        (2)         Proceedings on a cause of action in circumstances contemplated by subsection (1) may only be commenced if a court, being satisfied that it is just and reasonable to do so, grants leave for the action to be commenced.

        (3)         In granting leave under subsection (2) for proceedings on a cause of action to be commenced, a court may make any order the court considers to be necessary for the proceedings to proceed or otherwise appropriate in the circumstances.