(1) The applicant in a proceeding on an application may discontinue the proceeding at any time before a final decision is made in the proceeding by filing a notice of discontinuance.
Note If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.
(2) If a proceeding is discontinued, the discontinuance—
(a) does not prevent a further application being made in relation to the same, or substantially the same, matter; and
(b) is not a defence in a proceeding on any further application.