(1) The Court may, in relation to a proceeding that is concluded, order an unsuccessful party in the proceeding to pay the costs of a successful party in accordance with Division 1 of Part 3 of Schedule 1.
(a) the applicant files a notice of discontinuance in a proceeding in which a respondent has sought costs in the response; and
(b) the applicant does not file with the notice an application in respect of costs;
a Judge or a Registrar may, without hearing the parties, make an order in chambers in accordance with Division 2 of Part 3 of Schedule 1 for the costs of the respondent.
(3) This rule does not limit a party's right to apply, under Part 21, for an order as to costs of the application.
Note 1: See Division 13.1 in relation to discontinuance.
Note 2: See section 13 of the Act in relation to the exercise of jurisdiction in chambers.