reg 305
In forceDiscontinuance by defendant or respondent
Chapter 9Ending proceedings early
Part 3Discontinuance and withdrawal
305 Discontinuance by defendant or respondent
A defendant may discontinue a counterclaim or withdraw part of it—
(a)
before being served with the plaintiff’s answer to counterclaim; and
(b)
only with the court’s leave or the consent of the other parties, after being served with the plaintiff’s answer to counterclaim.
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