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s 24

Settlement of individual claim of representative party

In force
Part 2Conduct of representative proceeding

24 Settlement of individual claim of representative party

(1)

A representative party may, with leave of the Court, settle the party’s individual claim in whole or in part at any stage of the representative proceeding.

(2)

A representative party who is seeking leave to settle, or who has settled, the party’s individual claim may, with leave of the Court, withdraw as representative party.

(3)

Where a person has sought leave to withdraw as representative party under subsection (2), the Court may, on the application of a group member, make an order for the substitution of another group member as representative party and may make such other orders as it thinks fit.

(4)

Before granting a person leave to withdraw as a representative party the Court must be satisfied that —

(a)

notice of the application has been given to group members in accordance with Part 3 and in sufficient time for them to apply to have another person substituted as the representative party; and

(b)

any application for the substitution of another group member as a representative party has been determined.

(5)

The Court may grant leave to a person to withdraw as representative party subject to such conditions as to costs as the Court considers just.

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