sec.103KDiscontinuance of proceeding in particular circumstances

### sec.103K Discontinuance of proceeding in particular circumstances The court may, on application by the defendant or on its own initiative, order that a proceeding no longer continue under this part if it considers it is in the interests of justice to do so because— the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or a representative party is not able to adequately represent the interests of the group members; or it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part. For subsection (1) (e) , it is not inappropriate for claims to be pursued by way of a proceeding under this part merely because the persons identified as group members for the proceeding— do not include all persons on whose behalf the proceeding might have been brought; or are aggregated together for a particular purpose including, for example, a litigation funding arrangement. If the court dismisses an application under this section for a proceeding under this part, the court may order that no further application under this section be made by the defendant in the proceeding except with the leave of the court. For subsection (3) , leave may be granted subject to the conditions about costs the court considers just. s 103K ins 2016 No. 59 s 10 (sec.103K-ssec.1) The court may, on application by the defendant or on its own initiative, order that a proceeding no longer continue under this part if it considers it is in the interests of justice to do so because— the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or a representative party is not able to adequately represent the interests of the group members; or it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part. (sec.103K-ssec.2) For subsection (1) (e) , it is not inappropriate for claims to be pursued by way of a proceeding under this part merely because the persons identified as group members for the proceeding— do not include all persons on whose behalf the proceeding might have been brought; or are aggregated together for a particular purpose including, for example, a litigation funding arrangement. (sec.103K-ssec.3) If the court dismisses an application under this section for a proceeding under this part, the court may order that no further application under this section be made by the defendant in the proceeding except with the leave of the court. (sec.103K-ssec.4) For subsection (3) , leave may be granted subject to the conditions about costs the court considers just. - (a) the costs that would be incurred if the proceeding were to continue under this part are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or - (b) all the relief sought can be obtained by way of a proceeding other than a proceeding under this part; or - (c) the proceeding will not provide an efficient and effective way of dealing with the claims of the group members; or - (d) a representative party is not able to adequately represent the interests of the group members; or - (e) it is otherwise inappropriate that the claims be pursued by way of a proceeding under this part. - (a) do not include all persons on whose behalf the proceeding might have been brought; or - (b) are aggregated together for a particular purpose including, for example, a litigation funding arrangement.