Commonwealth Consolidated Regulations

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Discontinuance of application

41.09.1       An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.

41.09.2       Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent's costs in respect of the application, and such costs shall be taxed, unless agreed.

41.09.3       Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.

41.09.4       Rules 41.09.2 and 41.09.3 apply only to applications for leave or special leave to appeal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.

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