Acts and Regulations

Rule-14 - PERSONS HAVING THE SAME INTEREST

Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 14
PERSONS HAVING THE SAME INTEREST
2008-2
14.01Persons Having the Same Interest
Where there are numerous persons having the same interest in one cause or matter, one or more of them may be authorized by the court to sue or be sued or defend on behalf of or for the benefit of all persons so interested.
2008-2
14.02Authorization to Sue
Without limiting the power of the court to authorize one or more persons to sue, the court may do so if the following conditions are met:
(a) the persons interested are properly identified;
(b) there is a wrong common to all of them;
(c) the damages suffered are the same to all of them except in amount;
(d) the relief sought is beneficial to all of them;
(e) none of them have an interest antagonistic to the others; and
(f) if a fund or pool of assets is created for their benefit in the course of the action or as a result thereof, the fund or pool of assets can be distributed on a pro rata basis if the need arises.
2008-2