Court Procedures Rules 2006

The applicant for leave to appeal out of time must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the order appealed from was made (the original proceeding):

a sealed copy of the application;

a stamped copy of the accompanying affidavit;

a stamped copy of the draft notice of appeal.

The documents mentioned in subrule (1) must be served—

personally; or

See r 6405 (How document is personally served). A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally). Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).

if the person filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described)—on the person at the person’s address for service (however described) in the original proceeding.

Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (2) (b).

See in particular r 6420 (Ordinary service—address for service).