r 63.16.2
In forceProceeding or counterclaim dismissed
Part 2Entitlement to costs
63.16.2 Proceeding or counterclaim dismissed
(1)
A proceeding that is or stands dismissed by or under an order of the Court or these Rules must, unless the Court otherwise orders, be taken to be a proceeding that is dismissed with costs.
(2)
Paragraph (1), with any necessary modification applies to a counterclaim and to a claim by third party notice as if the counterclaim or third party claim were a complaint.
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