CONTRACTS REVIEW ACT 1980 - SECT 12
Interests of non-parties to contract
CONTRACTS REVIEW ACT 1980 - SECT 12
Interests of non-parties to contract
12 Interests of non-parties to contract
(1) Where in proceedings for relief under this Act in relation to a contract
it appears to the Court that a person who is not a party to the contract has
shared in, or is entitled to share in, benefits derived or to be derived from
the contract, it may make such orders against or in favour of that person as
may be just in the circumstances.
(2) The Court shall not exercise its powers
under this Act in relation to a contract unless it is satisfied:
(a) that the
exercise of those powers would not prejudice the rights of a person who is not
a party to the contract, or
(b) that, if any such rights would be so
prejudiced, it would not be unjust in all the circumstances to exercise those
powers,
but this subsection does not apply in relation to such a person if the
Court has given the person an opportunity to appear and be heard in the
proceedings.
