NSWIn ForceAct
Civil Procedure Act 2005
45Discontinuance of rehearing
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#### 45 Discontinuance of rehearing
45 Discontinuance of rehearing
(cf Act No 43 1983, section 18D)
> > (1) A rehearing may be discontinued, but only with the consent of all parties or by leave of the court.
>
> > (2) If a rehearing is discontinued, the court is to reinstate the award from which the rehearing has arisen.
>
> > (3) An award that is reinstated under this section—
> >
> > > (a) is final and conclusive, and
> >
> > > (b) is taken to be a judgment of the referring court, and
> >
> > > (c) unless the court otherwise orders, is taken to have had effect as such a judgment as from the date on which it would have taken effect under section 40 (b) had no application for a rehearing been made under this Division.
> >
> > Note.
> >
> > Under section 40 (b), the award would have taken effect at the expiry of 28 days after it was sent to all of the parties.
>
> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].