New South Wales Consolidated Acts

INTEREST REDUCTION ACT 1931 - SECT 8

8 Representative orders

(1) Where there are several creditors interested in the same obligation to pay interest or having or claiming whether jointly or severally any right to apply under section seven of this Act in respect of the same obligation or series of obligations, any one of such creditors may apply to the court for an order appointing one or more persons to make an application under section seven of this Act on behalf or for the benefit of all such creditors.
An application under this subsection shall be made as prescribed by rules of the Supreme Court, and the court may, subject to such conditions as may be prescribed by such rules or as the court may order, appoint one or more persons to make the application under section seven accordingly.
An order of the court made under section seven upon the application of the person or persons so appointed shall bind all the creditors so represented and the debtor.

(2) Any creditor being entitled to receive payment of interest upon several obligations from separate debtors and desirous of having the provisions of section five modified or excluded in relation to all such obligations, may upon taking out a summons against any one of such debtors under section seven of this Act apply to the court for special directions as to service.
The court may make an order for service of the summons on such persons as its thinks fit to represent all the debtors and may direct such advertisement, by the applicant, of notice of the application as the court may think proper.

(3) Upon compliance with an order made under subsection two of this section the summons shall be deemed to have been served on every debtor affected thereby, and every such debtor shall be bound by any order made thereon modifying or excluding the provisions of section five of this Act.

(4) Every application made under subsection one of this section, and every application under section seven:

(a) made by the person or persons appointed under subsection one of this section, or

(b) upon which it is intended to apply under subsection two of this section for special directions as to service,

shall, notwithstanding anything contained in section seven of this Act, be made to a judge of the Supreme Court.