District Court Rules 2005

Unless subrule (3) applies, if no respondent has filed an answer that seeks to vary the appealable decision or cross‑appeals, the appellant, without the Court’s leave, may discontinue an appeal at any time before it is heard.

Unless subrule (3) applies, if a respondent has filed an answer that seeks to vary the appealable decision or cross‑appeals, then at any time before it is heard —

the appellant may discontinue the appeal with the consent of the respondent; and

the respondent may discontinue the application to vary, or the cross‑appeal, with the consent of the appellant.

An appeal commenced by, or an answer filed by, a person under a disability may only be discontinued with the leave of the Court which may make any consequential order needed, including an order as to costs and the disposal of money paid to the Court as security for costs.

A party wishing to discontinue must file and serve a Form 11 (Discontinuance notice) together with any consent of another party required by subrule (2).

In the case of a discontinuance under subrule (1), the appellant must pay the respondent’s costs to the date of discontinuance unless the parties agree otherwise.

In the case of a discontinuance under subrule (2), unless the parties agree, or the Court orders, otherwise —

if the appellant discontinues, the appellant must pay the respondent’s costs to the date of discontinuance;

if the respondent discontinues, the respondent must pay the appellant’s costs to the date of discontinuance.

Unless subrule (3) or rule 61A applies, money paid to the Court as security for costs is to be disposed of in accordance with a filed written agreement of the parties or, in the absence of an agreement, an order of the Court.

If the parties cannot agree the amount of costs, they are to be taxed.