Commissioner may subrogate for a complainant
41 Commissioner may subrogate for a complainant
Where a person, not being a body corporate, has made a complaint to the Commissioner in respect of a matter to which this section applies and the Commissioner, after investigating the complaint, is satisfied that —
the complainant may, with respect to that matter, have a right to take proceedings before a court or the State Administrative Tribunal or a defence to proceedings taken before a court or the State Administrative Tribunal by another person against the complainant in respect of that matter; and
it is in the public interest that the Commissioner should take or, as the case may be, defend those proceedings on behalf of the complainant,
the Commissioner may, with the consent in writing of the Minister and the complainant, take or defend those proceedings on behalf of and in the name of the complainant.
Where a complainant has given a consent to the taking or defending by the Commissioner of proceedings before a court or the State Administrative Tribunal on behalf of the complainant, that consent is not, after the Commissioner has taken steps in those proceedings, revocable except with the concurrence of the Commissioner.
This section applies to a matter arising under or in relation to —
a contract to which this Act applies; and
a regulated mortgage; and
a mortgage that comes within section 8 of the Code.
[Section 41 amended: No. 30 of 1996 s. 13; No. 55 of 2004 s. 209(2).]
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