New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005 - SECT 165

Distribution costs excessive

165 Distribution costs excessive

(cf s33M FCA)
If--

(a) the relief claimed in representative proceedings is or includes payment of money to group members (otherwise than in respect of costs), and
(b) on application by the defendant, the Court concludes that it is likely that, if judgment were to be given in favour of the representative party, the cost to the defendant of identifying the group members and distributing to them the amounts ordered to be paid to them would be excessive having regard to the likely total of those amounts,
the Court may, by order--
(c) direct that the proceedings no longer continue under this Part, or
(d) stay the proceedings so far as it relates to relief of the kind mentioned in paragraph (a).



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