In proceedings commenced by originating process under the Supreme Court (Corporations) (WA) Rules 2004, a plaintiff cannot discontinue without leave of the Court. Order 23 r 2(1), which permits discontinuance without leave before receipt of a defence, applies only to actions in which pleadings are to be exchanged. Where leave to discontinue is sought, the court should lean towards granting leave unless manifest injustice would result, but any undertaking required as a condition should be limited to the specific relief sought in the discontinued proceedings.
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