New South Wales Consolidated Regulations

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SUPREME COURT RULES 1970 - SECT 80.42

Application for leave to make a call (ss 384 (3), 389)

80.42 Application for leave to make a call (ss 384 (3), 389)

(1) This rule applies to proceedings on an application for an order under section 389 (2) (a) of the Code (which section relates to leave to make a call).
(2) The summons may be in Form 147.
(3) The affidavit in support of the application may be in Form 148.
(4) Subject to subrule (5), the summons shall be served on each contributory on whom it is proposed the call should be made.
(5) The summons need not be served on the contributories where the Court directs that notice of the proposed call may be given by advertisement.
(6) The advertisement may be in Form 149.
(7) The copy of the summons served on a contributory may show only the amount claimed to be owing by him.
(8) The order granting leave may be in Form 150.
cf CR 1968, r 146.



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