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Court Procedures Rules
5754Reference appeals to Supreme Court—discontinuance of
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5754 Reference appeals to Supreme Court—discontinuance of
(1) The applicant may discontinue the reference appeal or a part of the
(a) without the Supreme Court’s leave, at any time before the
hearing of the reference appeal; or
(b) only with the Supreme Court’s leave, at the hearing, or after the
hearing and before the decision is made on the reference appeal.
(2) However, if the reference appeal is to be decided by written cases
under part 5.8 (Written cases), the applicant may discontinue the
reference appeal or a part of the reference appeal—
(a) without the Supreme Court’s leave, at any time before, or on,
the last day that the applicant may file written submissions under
or
(b) only with the Supreme Court’s leave, at any time after the last
day mentioned in paragraph (a), but before the decision is made
on the reference appeal.
(3) The applicant may discontinue the reference appeal by filing a notice
of discontinuance in the Supreme Court, and serving a stamped copy
of the notice on each interested party.
(4) If the reference appeal or a part of the reference appeal is
discontinued, the appeal or part of the appeal is abandoned by the
Rule 5755