378Costs of discontinuance

378 Costs of discontinuance

(1)  [Rule 378 Subrule (1) substituted by S.R. 2003, No. 139, Applied:26 Nov 2003] A plaintiff or applicant who discontinues a proceeding wholly or in part is, subject to any order to the contrary, to pay –

(a) the defendant's or respondent's costs of the proceeding; or

(b) if the proceeding is partly discontinued, the costs arising from the matter discontinued.

(2)  The costs referred to in subrule (1) or ordered to be paid by an order under rule 376(3) or rule 377(2) are to be taxed.

(3)  If the costs are not paid within 4 days after taxation, the party to whom those costs are payable may enter judgment for those costs.

(4)  A judgment under subrule (3) is to be in accordance with the prescribed form.