Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 62.26

Discontinuance
26. (1) Where pursuant to Order 22, rule 2 a party to any proceeding
discontinues the proceeding without leave as to the whole or any part of the
relief claimed by him against any other party, the discontinuing party shall,
unless the Court otherwise orders, pay the costs of the party against whom the
discontinued claim is made occasioned by the discontinued claim and incurred
before service of notice of the discontinuance.

(2) A party whose costs are payable under sub-rule (1) may tax the costs and
if the taxed costs are not paid within 14 days after service of the
certificate of taxation may enter an order for the payment of the taxed costs.



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