NSWIn ForceAct
Civil Procedure Act 2005
167Effect of discontinuance order under this Part
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#### 167 Effect of discontinuance order under this Part
167 Effect of discontinuance order under this Part
(cf s33P FCA)
> > (1) If the Court makes an order under section 164, 165 or 166 that proceedings no longer continue under this Part—
> >
> > > (a) the proceedings may be continued as proceedings by the representative party on the party’s own behalf against the defendant, and
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> > > (b) on the application of a person who was a group member for the purposes of the proceedings, the Court may order that the person be joined as an applicant in the proceedings.
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> > (2) In this section—
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> > applicant, in relation to proceedings, includes a claimant or plaintiff (as the case may be) in the proceedings.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].
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> **s 167:** Ins 2010 No 135, Sch 6.1 \[2\].