45Discontinuance of rehearing

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].