Court Procedures Rules 2006

The parties to the appeal may agree that the appeal be dismissed by consent.

Rule 1612 (Orders—by consent in proceeding) applies, with any necessary changes, to an order for the dismissal of the appeal by consent.

Without limiting subrule (2), the order may provide that—

an amount secured for the costs of the appeal be paid to a party stated in the order; or

the appellant pay the respondent’s costs of the appeal to be assessed; or

the appellant pay the respondent’s costs of the appeal agreed as a stated amount; or

the appellant pay the respondent’s costs of the appeal, to be satisfied from an amount secured for the costs of the appeal with any balance to be paid to a stated party or the party’s solicitor; or

there be no order for the costs of the appeal.

Unless the Court of Appeal otherwise orders in relation to an amount secured for the costs of the appeal, on the dismissal of the appeal, the registrar may pay the amount to the successful respondent.

The payment may be made to the solicitor on the record for the respondent.

Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.