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CIVIL PROCEDURE ACT 2005 - SECT 158
Standing
158 Standing
(cf s33D FCA)
(1) For the purposes of section 157 (1) (a), a person has a
sufficient interest to commence representative proceedings against another
person on behalf of other persons if the person has standing to commence
proceedings on the person’s own behalf against that other person.
(2) The
person may commence representative proceedings on behalf of other persons
against more than one defendant irrespective of whether or not the person and
each of those persons have a claim against every defendant in the proceedings.
(3) If a person has commenced representative proceedings, that person retains
standing- (a) to continue the proceedings, and
(b) to bring an appeal from a
judgment in the proceedings,
even though the person ceases to have a claim
against any defendant.
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