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r 12.03

Plaintiff suing for 2 or more persons

In force
Chapter 1General Rules
Part 12Joinder of claims and parties

12.03 Plaintiff suing for 2 or more persons

(1) Two or more persons may commence proceedings by a representative where:

(a) they have a right to the same or substantially the same relief against the same person; and

(b) if separate proceedings were brought by each of them against that person in respect of that right, a common question of law or fact would arise in all the proceedings.

(2)

Representative proceedings may be brought whether or not:

(a) all rights to relief are in respect of or arise out of the same transaction or series of transactions; or

(b) each person is entitled to damages and the damages will need to be assessed individually.

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