Stopping your case
There are some situations where you might want to stop ('discontinue') your case. For example, where you:
have claimed against the wrong person
don't think you can win, or
have settled the case.
If you have settled your case, there a few different ways you can end your case. For more information, see
Settling your case.
If you decide you do not want to go ahead with your case, you can file a form called a notice of discontinuance with the court. Before you decide to stop your case, you should get
If you discontinue a claim you may be liable (responsible) for the defendant's legal costs, unless you come to an agreement with them that each party will pay their own costs.
If you want to file a notice of discontinuance, you can follow the steps in the guide on this page.
Stopping your case - Step by step guide
Step 1: Get the form
You will need one form:
You can get copies of the form from:
You can also complete and file this form online using the
NSW Online Registry
Step 2: Fill out the form
You can fill out your form:
by completing it on your computer
by printing the form and completing it in blue or black pen.
To fill out the form you will need to have the following information:
your case number - you will find this on your sealed copy of the statement of claim, which is the copy stamped by the court
the details of all the parties in the case
details of any agreement made with the defendant about your claim and/or about payment of legal fees and costs.
If you have made claims against more than one person, and you want to discontinue your case against all of them, they all need to sign the form.
It may be useful to send or show a draft of the form to the other parties before you sign the form.
If any of the other parties don't agree to sign the form, you will need the court's leave (permission) if you still want to file it. You should get
Instructions: Instructions for filling out a notice of discontinuance.
Sample: Sample notice of discontinuance.
Step 3: File the form
Take or send the form to the same local court where you filed the statement of claim.
This form can also be filed online using the
NSW Online Registry.
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.
You don't have to serve copies of the form on the defendant or other parties but you should give them a copy of the sealed document for their records.
Once the form is filed, the case is over.
If the form sets out that each party is to pay their own legal costs, the defendant cannot chase you for legal fees or other costs.
If the form does not set out how legal or other costs are to be paid, the defendant may make an application to the court about payment of costs after you file the form.