Enforcement—order in partnership name
2006 Enforcement—order in partnership name
An order against partners in the partnership name may be enforced against 1 or more of the following:
partnership property;
a partner who filed a defence;
a person who has admitted being a partner;
a person who the court has decided is a partner;
a person who has been individually served as a partner with the originating process and who has not filed a defence.
On application by a person entitled to enforce an order against partners in the partnership name, the court may amend the order to make it an order against the people who were partners when the cause of action arose.
Pt 6.2 (Applications in proceedings) applies to an application for an amendment or leave under this rule.
On application by a person entitled to enforce an order against partners in the partnership name, the court may give leave for the order to be enforced against someone else who is liable to satisfy the order.
The application for leave must be served on the person against whom the order is sought to be enforced.
Rule 6008 (3) (Application in proceeding—filing and service) applies to service of the application for leave.
If, on the hearing of the application for leave, the person denies liability, the court may decide liability summarily or give directions about how liability is to be decided.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.