sec.304Discontinuance by plaintiff or applicant

### sec.304 Discontinuance by plaintiff or applicant A plaintiff or applicant may discontinue a proceeding or withdraw part of it before being served with— for a proceeding started by claim—the first defence of any defendant; or for a proceeding started by application—the first affidavit in reply from a respondent. 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. 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. A plaintiff may discontinue against one or more defendants without discontinuing against other defendants. An applicant may discontinue against one or more respondents without discontinuing against other respondents. (sec.304-ssec.1) A plaintiff or applicant may discontinue a proceeding or withdraw part of it before being served with— for a proceeding started by claim—the first defence of any defendant; or for a proceeding started by application—the first affidavit in reply from a respondent. (sec.304-ssec.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. (sec.304-ssec.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. (sec.304-ssec.4) A plaintiff may discontinue against one or more defendants without discontinuing against other defendants. (sec.304-ssec.5) An applicant may discontinue against one or more respondents without discontinuing against other respondents. - (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.