UNIFORM CIVIL PROCEDURE RULES 1999 - REG 73
No substitution order after death of plaintiff or applicant
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 73
No substitution order after death of plaintiff or applicant
73 No substitution order after death of plaintiff or applicant
(1) This rule applies if—
(a) a plaintiff or applicant dies and the cause of
action survives the death; and
(b) no order is made substituting another
person for the deceased.
(2) The court, on application by a party or by a
person to whom the benefit of the cause of action passes on the death, may
order that, unless an order for substitution is made within a specified time,
the proceeding be dismissed on a specified basis, including, for example, with
costs against a party, person or estate connected with the proceeding.
(3) A
copy of the application must be served on the deceased’s personal
representative (if any) unless the court orders otherwise.
