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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 86 Judgment – powers of Court

SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 86

Division 4 - Powers of Court Judgment – powers of Court

(1)  The Court, in determining a matter in representative proceedings, may do any one or more of the following:
(a) determine a question of law;
(b) determine a question of fact;
(c) make a declaration of liability;
(d) grant any equitable relief;
(e) make an award of damages for group members, sub-group members or individual group members, being damages consisting of specified amounts or amounts calculated in such manner as the Court specifies;
(f) make an award of damages in an aggregate amount without specifying amounts awarded in respect of individual group members.
(2)  In making an award of damages, the Court must make provision for the payment or distribution of the money to the group members entitled.
(3)  Subject to section 82 , the Court is not to make an award of damages under subsection (1)(f) unless a reasonably accurate assessment can be made of the total amount to which group members will be entitled under the judgment.
(4)  If the Court has made an award of damages, the Court may give such directions (if any) as it thinks just in relation to –
(a) the manner in which a group member is to establish the member’s entitlement to share in the damages; and
(b) the manner in which any dispute regarding the entitlement of a group member to share in the damages is to be determined.
(5)  A judgment given in representative proceedings is to describe or otherwise identify the group members who will be affected by it.