​Settling your case 

If you settle your case this means that you and the defendant agree on how the case should end. You can usually settle the case at any time if you and the ​​defendant come to an agreement.​

This section has information about what you can do to make your agreement binding and end the court case.

Before agreeing to settle your case you should get legal advice​.

Terms of settlement

'Terms of settlement' is a document that sets out the agreement between the parties to settle the dispute.

There is no set form for terms of settlement. Terms of settlement can be handwritten at court after discussions between the parties. The document should:

• ​​set out what will happen to the court case (for example, will the parties ask for a consent judgment or will a notice of discontinuance be filed by a certain date)
• state if legal costs and interest will be paid
• state when the goods will be recovered or any payments are to be made and what will happen if the goods are not recovered or an agreed payment is not made.

For more information, see Terms of settlement​.

​Consent judgment or order

Your case can also be settled by a consent judgment or order. A consent judgment or order is where you and the other party ask the court to make a judgment or order in the same terms as your agreement. 

You can ask the court to make a consent judgment or order by filing a form called a consent judgment/order at the court registry. The form must be signed by both parties.

For more information, see Consent judgment or order​.

Notice of discontinuance

A notice of discontinuance is a form which tells the court that you want to end the case.

If your agreement is that you will no longer be making a claim against the defendant then all you need to do is file a notice of discontinuance. If your agreement also includes details about the payment of money or the return of goods, it is a good idea to also put the terms of your agreement in writing (for example, in terms of settlement).

Situations where you might decide to discontinue your case include if: 

• the case has settled 
• you decide that your claim is mistaken
• you decide that your claim has been made against the wrong person.

Before you decide to discontinue a claim, you should get legal advice. You may have to pay some of the defendant's legal costs, unless the defendant agrees that each party should pay their own costs. 

If the defendant has already filed a defence, you will need their consent or the court's consent before you can file a notice of discontinuance. 

For more information, see Stopping your case.