If you discontinue a claim you may be able to file another claim in the future (however, remember that time limits apply). You should get legal advice about this.
The plaintiff needs one form:
You can get copies of forms from:
You can fill out the Notice of Discontinuance form in neat handwriting in blue or black pen. You can also fill it out on your computer screen. The Guide to Completing Approved Forms has instructions on how to do this.
To fill out the Notice of Discontinuance form you will need to have the following information:
See Instructions for filling out a Notice of Discontinuance and Sample Notice of Discontinuance.
When you have finished filling out the form you need to sign it. The defendant will also need to sign the form to show that they have agreed to the discontinuance. If there is more than one plaintiff or defendant, all parties need to sign the form. The signatures do not need to be witnessed.
It may be useful to send or show a draft of the form to the other parties before you sign the form.
The final step is to take or send the Notice of Discontinuance to the same Local Court where you filed the Statement of Claim.
It is a good idea to provide enough copies so that you and all the other parties will be able to have a sealed (stamped) copy. The court will keep the original and the copies will be returned to you.
There is no filing fee for the Notice of Discontinuance.
You don't have to serve copies of the Notice of Discontinuance on the defendant or other parties but you should give them a copy for their records.
If the Notice of Discontinuance deals with legal costs, once the Notice is filed the case is over. If your agreement with the defendant does not cover the issue of legal costs, the defendant may make an application to the court about payment of costs after you file the Notice of Discontinuance.