53(1)An action for recovery of damages under section 52 brought by a trustee under a trust indenture or by a person with an interest in a trust indenture shall be brought on behalf of all persons with interests in the same trust indenture, and the judgment in the action, except to the extent that it provides for a subsequent determination of the amount of damages suffered by each person, constitutes a judgment between each person and Service New Brunswick in respect of each error or omission.

53(2)In an action brought by a trustee under a trust indenture or by a person with an interest in a trust indenture, proof that each person relied on the search result is not necessary if it is established that the trustee relied on the search result, but no person is entitled to recover damages under this section if the person knows at the time of acquisition of an interest in the collateral that the search result relied upon by the trustee is incorrect.

53(3)In proceedings under this section, the Court may make any order that it considers appropriate in order to give notice to the persons with an interest in the same trust indenture.

53(4)Subject to subsection 54(1), the Court may order payment of all or a portion of the damages awarded to identified persons with interests in the same trust indenture at any time after judgment, and the obligation of Service New Brunswick to satisfy the judgment is satisfied to the extent that payment is so made.