Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Unless subrule (3)
applies, if no respondent has filed an answer that seeks to vary the
appealable decision or cross‑appeals, the appellant, without the
Court’s leave, may discontinue an appeal at any time before it is heard.
(2) Unless subrule (3)
applies, if a respondent has filed an answer that seeks to vary the appealable
decision or cross‑appeals, then at any time before it is
heard —
(a) the
appellant may discontinue the appeal with the consent of the respondent; and
(b) the
respondent may discontinue the application to vary, or the cross‑appeal,
with the consent of the appellant.
(3) An appeal
commenced by, or an answer filed by, a person under a disability may only be
discontinued with the leave of the Court which may make any consequential
order needed, including an order as to costs and the disposal of money paid to
the Court as security for costs.
(4) A party wishing to
discontinue must file and serve a Form 11 (Discontinuance notice) together
with any consent of another party required by subrule (2).
(5) In the case of a
discontinuance under subrule (1), the appellant must pay the
respondent’s costs to the date of discontinuance unless the parties
agree otherwise.
(6) In the case of a
discontinuance under subrule (2), unless the parties agree, or the Court
orders, otherwise —
(a) if
the appellant discontinues, the appellant must pay the respondent’s
costs to the date of discontinuance;
(b) if
the respondent discontinues, the respondent must pay the appellant’s
costs to the date of discontinuance.
(7) Unless subrule (3)
applies, money paid to the Court as security for costs is to be disposed of in
accordance with a filed written agreement of the parties or, in the absence of
an agreement, an order of the Court.
(8) If the parties
cannot agree the amount of costs, they are to be taxed.
[Rule 58 amended in Gazette
17 Jun 2011 p. 2165.]