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CIVIL PROCEDURE ACT 2005 - SECT 45
Discontinuance of rehearing
45 Discontinuance of rehearing
(cf Act No 43 1983, section 18D)
(1) A rehearing may be discontinued, but
only with the consent of all parties or by leave of the court.
(2) If a
rehearing is discontinued, the court is to reinstate the award from which the
rehearing has arisen.
(3) An award that is reinstated under this section--
(a) is final and conclusive, and
(b) is taken to be a judgment of the
referring court, and
(c) unless the court otherwise orders, is taken to have
had effect as such a judgment as from the date on which it would have taken
effect under section 40 (b) had no application for a rehearing been made under
this Division.
Note--: Under section 40 (b), the award would have taken
effect at the expiry of 28 days after it was sent to all of the parties.
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