New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 51, rules 4A and 6(5) and (6))
(1) The initiating party in any appeal proceedings may discontinue the proceedings by filing a notice of discontinuance and serving it on each respondent who has been served with the relevant notice of appeal or summons seeking leave to appeal.
(2) The discontinuance of an appeal does not affect any cross-appeal.
(3) An application for leave to cross-appeal to the Court is taken to be discontinued when an application for leave to appeal to the Court is discontinued, but only if the party who made the application for leave to cross-appeal has not been served with a notice of appeal in the proceedings.
(4) An application for leave to cross-appeal that is taken to be discontinued may be reinstated on application made within 21 days.
(5) An application for leave to cross-appeal to the Court is not affected by the discontinuance of any application for leave to appeal to the Court if a notice of appeal has been filed in the proceedings and served on the party who made the application for leave to cross-appeal.
(6) This rule does not limit the operation of rule 12.1 in relation to proceedings in the Court.Note : Rules 12.1, 12.3, 12.4 and 42.19 apply, with necessary modifications, in relation to proceedings in the Court. See rule 51.1(3) and (4).
(7) The discontinuance of appeal proceedings does not require the consent of any respondent or the leave of the Court.
(8) Rule 42.19 applies to the discontinuance of appeal proceedings under this rule in the same way as it applies to the discontinuance of proceedings under rule 12.1.