Representative Actions for the Protection of the Collective Interests of Consumers Act 2023

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Disclosure of evidence

34. (1) Where a qualified entity—

(a) has submitted sufficient evidence to the Court for a representative action to be deemed admissible, and

(b) submits to the Court that additional evidence is in the possession or control of the defendant in the representative action or a third party,

the Court may, upon an application in that behalf by the qualified entity, order that such evidence referred to in paragraph (b) be disclosed by the defendant or third party, as the case may be, to the qualified entity in accordance with rules of court.

(2) Where, in a representative action brought by a qualified entity, the defendant in the action submits to the Court that certain evidence is in the possession or control of the qualified entity or a third party, the Court may, upon an application in that behalf by the defendant, order the qualified entity or third party, as the case may be, to disclose the evidence concerned to the defendant in accordance with rules of court.