New South Wales Consolidated Regulations

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79.19 Discontinuance

(1) Proceedings may not be discontinued without the leave of the Court.
cf HCR, O 68, r 11.
(2) Where there are two or more petitioners, an application for leave under subrule (1) may not be made, except with the consent of all the petitioners.
cf Pt 21, rr 1, 4.
(3) The Court may give leave under subrule (1) on terms.
(4) An application under subrule (1) should be made by motion at such time and place as the Court appoints.
(5) The notice of motion for leave under subrule (1) shall state the grounds on which the application is made and add a statement to the effect that, on the hearing of the motion, any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a petitioner.
(6) Not less than 14 days before the day appointed under subrule (4), the petitioner shall publish the notice of motion in a newspaper circulating in the Electoral District.
(7) Evidence on an application for leave under subrule (1) shall include evidence denying, subject to any specified exceptions--
(a) that any agreement or terms of any kind whatsoever has or have been made, and
(b) that any undertaking has been entered into,
in relation to the discontinuance in respect of which leave is sought.
cf Representation of the People Act, 1949 (Eng), s 128.

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