Acts and Regulations

Rule-12 - JOINDER OF ASSIGNOR

Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 12
JOINDER OF ASSIGNOR
12.01Where Assignor is a Necessary Party
In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless
(a) the assignment is absolute and not by way of charge only, and
(b) notice in writing has been given to the person liable in respect of the debt or chose in action that an assignment thereof has been made in favour of the assignee.
12.02Assignor Made Defendant
Where the assignor is a necessary party and does not consent to be joined as a plaintiff or applicant, he shall be made a defendant or respondent unless the court orders otherwise.