Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) An applicant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 78:
(a) without the Court's leave -- at any time before the hearing of the appeal; or
(b) with the Court's leave:
(i) at the hearing; or
(ii) after the hearing and before a judgment is pronounced or an order made.
(2) A notice of discontinuance has the effect of an order of the Court dismissing the applicant's appeal.
(3) A notice of discontinuance filed by one applicant does not affect any other applicant in the appeal.
(4) An applicant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each party to the appeal.