1163
In forceCosts of discontinuance or withdrawal
Chapter 2Civil proceedings generally
Part 2.11Resolving proceedings early
Division 2.11.6Discontinuance and withdrawal
1163 Costs of discontinuance or withdrawal
(1)
A party who discontinues or withdraws is liable to pay—
(a)
the costs of the party to whom the discontinuance or withdrawal relates up to when the notice of discontinuance or withdrawal is served on the party; and
(b)
the costs of another party or parties caused by the discontinuance or withdrawal up to when the notice of discontinuance or withdrawal is served on the party.
(2)
If a party discontinues or withdraws with the court’s leave, the court may make the order for costs it considers appropriate.
Note
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
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