Judgment for defendant on discontinuance (Rules 378(4) and 822) (Form 25)

Under Part 12 of the Supreme Court Rules 2000 (Tas), a plaintiff or applicant who discontinues a proceeding, wholly or in part, must pay the defendant's or respondent's costs of the proceeding, or the costs of the part discontinued, unless an order says otherwise (r 378(1)). Those costs are taxed (r 378(2)). If they are not paid within 4 days after taxation, the party entitled to them may enter judgment for those costs (r 378(3)), in the prescribed form (r 378(4)). Form 25 is that judgment. Rule 822 requires the prescribed forms of judgments to be used where appropriate.

When you need it

• The plaintiff or applicant has discontinued the proceeding, or withdrawn all or part of the claim, by notice (Form 24).
• Your costs have been taxed and allowed under rule 378.
• More than 4 days have passed since taxation and the costs have not been paid.

1. 1

   Copy the heading

   Use the registry, proceeding number and parties from the originating process.

2. 2

   Date of entry

   Leave the date the judgment is dated and entered for the registry.

3. 3

   Recite the discontinuance

   Insert the date of the plaintiff's notice and choose the wording that matches it: wholly discontinued, withdrew the claim for a stated relief, or withdrew part of the claim.

4. 4

   Insert the taxed costs

   State the amount of costs taxed and allowed that the defendant or respondent is to recover against the plaintiff or applicant.

5. 5

   Signature block

   The judgment is signed by the Registrar or District Registrar.

• Lodge the judgment for entry at the registry where the proceeding was running, after the 4-day period has passed (rr 83, 378(3)).
• An entered judgment is filed, and the date of filing is the date of entry (r 820(4)). Ask for sealed copies if you need to serve or enforce it (r 821).
• Once entered, the judgment can be enforced like any other money judgment, for example by garnishee proceedings under Part 35.

• The judgment is only for costs that have been taxed. Have the bill taxed first.
• A discontinuance is not a defence to a later proceeding (r 379(1)). If the plaintiff sues again on substantially the same subject matter before paying these costs, the Court can stay the new proceeding until they are paid (r 380).