(1) If it appears to
the Court that determination of the issue or issues common to all group
members will not finally determine the claims of all group members, the Court
may give directions in relation to the determination of the remaining issues.
(2) In the case of
issues common to the claims of some only of the group members, the directions
given by the Court may include directions establishing a sub-group consisting
of those group members and appointing a person to be the sub-group
representative party on behalf of the sub-group members.
(3) Where the Court
appoints a person other than the representative party to be a sub-group
representative party, that person, and not the representative party, is liable
for costs associated with the determination of the issue or issues common to
the sub-group members.