76Effect of discontinuance order under this Part

76 Effect of discontinuance order under this Part

[Section 76 Amended by S.R. 1977, No. 150 ]**[Section 76 Subsection (3) amended by 25 Geo. V No. 60, s. 2 ][Section 76 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 76 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 76 Subsection (4) amended by No. 99 of 1982, sched. 2 ][Section 76 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 76 Subsection (5) amended by 25 Geo. V No. 60, s. 2 ][Section 76 Subsection (9) amended by 25 Geo. V No. 60, s. 2 ][Section 76 Subsection (15) amended by 25 Geo. V No. 60, s. 2 ][Section 76 Repealed by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001]

(1)  If the Court makes an order under section 73 , 74 or 75 that representative proceedings no longer continue under this Part –

(a) the proceedings may be continued as proceedings by the representative party on the party’s own behalf against the defendant; and

(b) on the application of a person who was a group member for the purposes of the representative proceedings, the Court may order that the person be joined as an applicant in the proceedings.

(2)  In this section –

applicant, in relation to proceedings, includes a claimant or plaintiff in the proceedings.