UNIFORM CIVIL PROCEDURE RULES 1999 - REG 86
Person improperly served as partner
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 86
Person improperly served as partner
86 Person improperly served as partner
(1) In a proceeding against a partnership started by claim, a person who is
served as a partner may file a conditional notice of intention to defend
stating—
(a) the person files the notice because the person was served as a
partner; and
(b) the person denies being a partner at a material time or
being liable as a partner.
(2) On application, the court may—
(a) set aside
the service of an originating process on the person on the ground that the
person is not a partner or is not liable as a partner; or
(b) set aside a
conditional notice of intention to defend on the ground that the person is a
partner or is liable as a partner.
(3) The court may give directions about
how to decide the liability of the person or the liability of the partners.