Rule 265

Rule 265 – Withdrawal

Rules of Procedure

Part 5 – General provisions

Chapter 1 – General procedural provisions

Rule 265 – Withdrawal
  1. As long as there is no final decision in an action, a claimant may apply to withdraw his action. The Court shall decide the application after hearing the other party. The application to withdraw shall not be permitted if the other party has a legitimate interest in the action being decided by the Court.
  2. If withdrawal is permitted, the Court shall:
    1. give a decision declaring the proceedings closed;
    2. order the decision to be entered on the register; and
    3. issue a cost decision in accordance with Part 1, Chapter 5.

The withdrawal of an action by the claimant shall have no effect on any counterclaim in the action. The Court may however refer any counterclaim for revocation to the Central Division.

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Relation with Agreement:

Relation with Statute:

Linking to this rule:

Rule 311 – Insolvency of a party

Rule 370 – Court fees