New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.3

12.3 Effect of discontinuance

(cf SCR Part 21, rule 7; DCR Part 18, rule 7; LCR Part 17, rule 8)

(1) A discontinuance of proceedings with respect to a plaintiff's claim for relief does not prevent the plaintiff from claiming the same relief in fresh proceedings.

(2) Subrule (1) is subject to the terms of any consent to the discontinuance or of any leave to discontinue.