33MCost of distributing money etc. excessive

33M Cost of distributing money etc. excessive

Where: (a) the relief claimed in a representative proceeding is or includes payment of money to group members (otherwise than in respect of costs); and (b) on application by the respondent, the Court concludes that it is likely that, if judgment were to be given in favour of the representative party, the cost to the respondent of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive having regard to the likely total of those amounts; the Court may, by order: (c) direct that the proceeding no longer continue under this Part; or (d) stay the proceeding so far as it relates to relief of the kind mentioned in paragraph (a).