Effect of order to stay proceedings or to prohibit institution of proceedings without leave
5 Effect of order to stay proceedings or to prohibit institution of proceedings without leave
Proceedings are not to be instituted in contravention of an order under section 4(1)(d).
If —
despite subsection (1), proceedings are instituted in contravention of an order under section 4(1)(d); and
those proceedings are struck out by a court or tribunal in the purported exercise of a power to strike out the proceedings,
the court or tribunal has the power to award costs to the same extent as if the proceedings had been brought and had been struck out by the court or tribunal.
Costs awarded under subsection (2) are recoverable in the same manner as if the proceedings could have been instituted in the court or tribunal and had been struck out by the court or tribunal.
A subpoena, summons to a witness, warrant, or process procured to be issued by a person in any proceedings stayed by an order under section 4(1)(c) or instituted by a person in contravention of an order under section 4(1)(d) is of no force or effect in law.
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