Principle

CIVIL PROCEDURE – Representative Action – Leave to Sue in Representative Capacity – Failure to Obtain Leave Not Fatal to Action

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Failure to obtain prior court leave to sue or defend in a representative capacity is not fatal to the action if leave would have been granted. Prior leave is not compulsory—the court's approach is flexible, based on facts and circumstances. If the parties appear to…

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