Proceeding for possession of land—leave to file defence etc
151 Proceeding for possession of land—leave to file defence etc
If a person who is in possession of the land, or part of it, (either directly or by a tenant) is not named in the originating process for the proceeding, the person may apply to the Supreme Court for leave to file a notice of intention to respond or defence.
Pt 6.2 (Applications in proceedings) applies to an application for leave.
The application must be supported by an affidavit—
showing the person is in possession of the land or part of it; and
stating how the person is in possession.
The court may give leave for the person to file the notice or defence.
Rule 6902 (Leave may be given on conditions) provides that, if the court gives leave under these rules, it may give the leave on the conditions it considers appropriate.
If the person is in possession of only part of the land, the leave may be limited to that part of the land.
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