1164
In forceWithdrawal of defence or further pleading
Chapter 2Civil proceedings generally
Part 2.11Resolving proceedings early
Division 2.11.6Discontinuance and withdrawal
1164 Withdrawal of defence or further pleading
(1)
A party may withdraw all or part of the answer to a counterclaim.
(2)
A defendant may withdraw all or part of the defence.
(3)
For a proceeding started by originating application, a defendant may withdraw all or part of an affidavit.
(4)
However, this rule does not allow a party to withdraw an admission or another matter operating for the benefit of another active party without the other party’s agreement or the court’s leave.
Note
Pt 6.2 (Applications in proceedings) applies to an application for leave.
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