Acts and Regulations

Rule-13 - TRANSFER OR TRANSMISSION OF INTEREST

Full text
Current to 1 January 2024
PARTIES AND JOINDER
RULE 13
TRANSFER OR TRANSMISSION OF INTEREST
13.01Effect of Transfer or Transmission
Where, at any stage of a proceeding, the interest or liability of a party is transferred or transmitted to another person, the proceeding shall be stayed until an order to continue by or against such other person has been obtained.
13.02Order to Continue
(1)Where a transfer or transmission of the interest or liability of a party has taken place, the party having the carriage of the proceeding may, on filing an affidavit verifying the facts, and without notice to any of the other parties to the proceeding, obtain from the clerk an Order to Continue (Form 13A).
(2)Where the party having carriage of the proceeding fails to obtain an order under paragraph (1) within 30 days after the transfer or transmission has taken place, any other interested person may do so.
(3)Where a transfer or transmission of the interest of a plaintiff takes place while an action is pending and no order to continue is obtained within a reasonable time, a defendant may move to have the action dismissed for delay, and Rules 26.02 to 26.04 apply with necessary modifications.
86-87
13.03Application to Vary or Discharge Order
A person made a party to a proceeding by an order to continue may apply to the court within 10 days from the day the order was served upon him, to vary or discharge it.
13.04Service of Orders
An Order to Continue or any other order made under this rule shall be served on the other parties.