Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 520 · Collective Proceedings (Competition) Act (Cap. 520)

Cap. 520 Art. 9Declaration of proceedings as appropriate for collective proceedings.

In KraftAmtlicher Text

(1) The Court shall decree the proceedings as appropriate for collective proceedings when -

(a) it is satisfied by the class representative that the claims in the proceedings -

(i) are brought on behalf of an identified class of two or more persons; and

(ii) raise common issues; and

(b) it is satisfied by the class representative that the collective proceedings are the most appropriate means for the fair and efficient resolution of the common issues.

(2) In determining whether the collective proceedings are the most appropriate means for the fair and efficient resolution of the common issues for the purposes of sub-article (1)(b), the Court will take into account, amongst other things -

(a) the benefits of the proposed collective proceedings; and

(b) the nature of the class.