New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) Where numerous persons have the same interest in any proceedings, the proceedings may, unless the Court otherwise orders, be continued by or against any one or more of them as representing all or as representing all except one or more of them.
(2) At any stage of proceedings pursuant to this rule the Court, on the application of the applicant in the proceedings, may, on terms, appoint any one or more of the respondents or other persons (as representing whom the claim is made against the respondents) to represent all, or all except one or more, of those persons in the proceedings.
(3) Where, under subrule (2), the Court appoints a person who is not a respondent, the Court shall make an order under rule 10 adding him as a respondent.
(4) A decision given or order made in proceedings pursuant to this rule shall be binding on all the persons as representing whom the applicants claim or, as the case may be, the respondents are claimed against, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
(5) An application for leave under subrule (4) shall be made by motion, notice of which shall be served on the persons against whom it is sought to enforce the decision or order.
(6) Notwithstanding that a decision or order to which an application under subrule (5) relates is binding on the person against whom the application is made, that person may dispute liability to have the decision or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from the liability.
(7) This rule does not apply to proceedings concerning:(a) the administration of the estate of a deceased person, or(b) property subject to a trust.