Victorian Consolidated Legislation

Supreme Court Act 1986 - SECT 33N

Proceeding not to continue under this Part

33N. Proceeding not to continue under this Part



(1) The Court may, on application by the defendant, order that a proceeding 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 if the proceeding were to continue as
        a group proceeding 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 a proceeding other
        than a group proceeding; or





   (c)  the group proceeding will not provide an efficient and effective means
        of dealing with the claims of group members; or

   (d)  it is otherwise inappropriate that the claims be pursued by means of a
        group proceeding.

(2) If the Court dismisses an application under this section, the Court may
order that no further application under this section be made by the defendant
except with the leave of the Court.

(3) Leave for the purposes of subsection (2) may be granted subject to such
conditions as to costs as the Court thinks fit.