Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 25.10

Discontinuance of application

25.10.1     A plaintiff may discontinue an application by filing a notice stating the extent of the discontinuance.

25.10.2     If the discontinuance is with the consent of the other parties, the notice must be indorsed with the consent of each other party.

25.10.3     On the day a notice of discontinuance is filed, the plaintiff must serve a copy of the notice on each other party.

25.10.4     Unless the Court or a Justice otherwise orders, a plaintiff discontinuing an application must pay the costs of each defendant to the time of the discontinuance, and such costs are to be taxed unless agreed.


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