Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.29

Discontinuance of application or appeal

    (1)     By filing a notice of discontinuance in appropriate terms, an applicant or appellant may, at any time, discontinue an application (including for leave to appeal, or an appeal)—

        (a)     wholly; or

        (b)     with respect to—

              (i)     any part of the decision which is the subject of the application or appeal;

              (ii)     any respondent, where there are two or more respondents.

    (2)     An applicant or appellant who files a notice of discontinuance shall serve a copy of the notice on each other party to the application or appeal on the same day.

    (3)     A notice of discontinuance filed by one applicant or appellant does not affect any other applicant or appellant in the matter.

    (4)     Unless the Court of Appeal constituted by one or more Judges of Appeal otherwise orders or the parties otherwise agree, an applicant or appellant who, under paragraph (1)(a), has filed a notice of discontinuance of the whole of an application or appeal shall pay the costs of each party to the application or appeal.

    (5)     Where, under paragraph (1)(b), an applicant or appellant discontinues an appeal with respect to part only of the decision which is the subject of the application or appeal, the Court of Appeal constituted by one or more Judges of Appeal may make such order as to costs in relation to the partial discontinuance as it sees fit.

    (6)     Unless the Court of Appeal constituted by
one or more Judges of Appeal otherwise orders
or the relevant parties otherwise agree, where an applicant or appellant has, under paragraph (1)(b)(ii), filed a notice of discontinuance of an application or appeal with respect to a particular respondent whereby that respondent wholly ceases to be a party to the application or appeal, the applicant or appellant shall pay the costs of that respondent to the time of the discontinuance.

    (7)     Notwithstanding the filing of a notice of discontinuance of an application or appeal, the Court of Appeal

        (a)     may order that the application or appeal not be discontinued (in accordance with the terms of the notice or at all); and

        (b)     may make any order as to costs or otherwise that it thinks fit.



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