75Court may order discontinuance of proceedings in certain circumstances

75 Court may order discontinuance of proceedings in certain circumstances

[Section 75 Subsection (2) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (3) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (4) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 75 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 75 Subsection (5) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (5) amended by No. 99 of 1982, sched. 2 ][Section 75 Subsection (5) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 75 Subsection (6) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (8) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Subsection (9) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 75 Subsection (16) amended by 25 Geo. V No. 60, s. 2 ][Section 75 Repealed by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001]

(1)  The Court, on application by the defendant or of its own motion, may order that representative proceedings no longer continue under this Part if it is satisfied that it is in the interests of justice to do so because –

(a) the costs that would be incurred, should the proceedings continue as representative proceedings, 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 means of proceedings other than representative proceedings under this Part; or

(c) the representative proceedings will not provide an efficient and effective means of dealing with the claims of 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 means of representative proceedings.

(2)  For the purposes of subsection (1)(e) , it is not inappropriate for claims to be pursued by means of representative proceedings merely because the persons identified as group members in relation to the proceedings –