(1)  If the Court has made an award of damages in representative proceedings, the representative party or a sub-group representative party, or a person who has been such a party, may apply to the Court for an order under this section.

(2)  If, on an application under subsection (1) , the Court is satisfied that the costs reasonably incurred in relation to the representative proceedings by the applicant are likely to exceed the costs recoverable by the applicant from the defendant, the Court may order that an amount equal to the whole or a part of the excess be paid to the applicant out of the damages awarded.

(3)  On an application under subsection (1) , the Court may also make any other order that it thinks just.