PART IIIHIGH COURT

General Provisions as to Procedure

Attendance of other creditors13

1

Where upon an application for leave to exercise a right or remedy specified in subsection (1), (2) or (3) of section 2, it appears to the court or a judge that the defendant or respondent desires that his liabilities, other than the liability to which the application relates, should be taken into account, and that he has given notice of the application to persons having claims against him in respect of those other liabilities, the court or judge may permit any such person to be present at the hearing of the application, and may permit him to make representations in relation to the subject-matter of the application:

Provided that nothing in this Rule shall be construed as preventing the court or judge from taking a liability into account by reason only of the fact that notice of the application has not been given by the defendant or respondent to the person having a claim against him in respect of that liability.

2

The last foregoing paragraph shall apply to an application for a declaratory order as if for the reference to the respondent there was substituted a reference to the applicant.