r 25.06
In forceDiscontinuance or withdrawal no defence
Part 4Application by or against third or subsequent party
25.06 Discontinuance or withdrawal no defence
The discontinuance of a proceeding, counterclaim or claim by third party notice or the withdrawal of any part of a proceeding, counterclaim or claim by third party notice is not to be a defence to a subsequent proceeding for the same, or substantially the same, cause of action, unless the Court otherwise provides by any order granting leave to discontinue or withdraw.
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