UNIFORM CIVIL PROCEDURE RULES 1999 - REG 304 Discontinuance by plaintiff or applicant

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 304

304 Discontinuance by plaintiff or applicant

(1) A plaintiff or applicant may discontinue a proceeding or withdraw part of it before being served with—

(a) for a proceeding started by claim—the first defence of any defendant; or

(b) for a proceeding started by application—the first affidavit in reply from a respondent.

(2) However, after being served with the first defence or first affidavit in reply, a plaintiff or applicant may discontinue a proceeding or withdraw part of it only with the court’s leave or the consent of the other parties.

(3) Also, if there is more than 1 plaintiff or applicant, or a counterclaim against a plaintiff, a plaintiff or applicant may only discontinue with the court’s leave or the consent of the other parties.

(4) A plaintiff may discontinue against one or more defendants without discontinuing against other defendants.

(5) An applicant may discontinue against one or more respondents without discontinuing against other respondents.