Discontinuance of a proceeding under r 25.02(2) of the Supreme Court (General Civil Procedure) Rules 2015 does not automatically discontinue a counterclaim; these are separate steps under the Rules, and r 10.08 confirms a counterclaim may be prosecuted notwithstanding discontinuance of the original proceeding. The striking out of documents specifying relief sought by way of counterclaim does not extinguish the underlying counterclaim where the defence document substantively contains the counterclaim allegations. Self-represented litigants are entitled to costs orders and may recover disbursements, notwithstanding Cachia v Hanes; the broad proposition that a litigant in person is not entitled to costs is erroneous.
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