CIVIL PROCEDURE ACT 2005 - SECT 24 Effect of splitting cause of action

CIVIL PROCEDURE ACT 2005 - SECT 24

24 Effect of splitting cause of action

(cf Act No 9 1973, section 49; Act No 11 1970, section 13)

(1) If--

(a) a person (
"the first person" ) splits any cause of action against another person (
"the other person" ) so as to commence proceedings, or make a cross-claim, for part only of the amount for which proceedings may be commenced on that cause, and

(b) judgment is given or entered, or a final order is made, on the proceedings or cross-claim,

the other person is entitled to judgment in any other proceedings, whether in that or any other court, with respect to the same cause of action.

(2) Despite subsection (1), if the other person has given a number of securities in respect of a claim made by the first person, the first person--

(a) may commence proceedings in any court in respect of each of those securities, or

(b) may make a cross-claim in proceedings in any court in respect of each of those securities,

as if each of those securities gave rise to a distinct cause of action, and may do so whether or not the claim made by the first person is for an amount that is more than the court's jurisdictional limit.