s 9.45
In forceDefence to be in partnership name
Chapter 2Original jurisdiction—proceedings generally
Part 9Parties and proceedings
Division 9.4Partnerships
9.45 Defence to be in partnership name
(1)
Despite rule 9.44, if a proceeding has been brought against a partnership, a partner must not file a defence in the partner’s name.
(2)
However, the partner may file a defence in the partnership name.
(3)
If, under subrule (2), 2 or more partners file a defence and the defences raise different grounds of defence, the applicant is only entitled to an order against the partnership if none of the grounds of defence is a proper defence to the applicant’s claim.
Note:
For defences, see rule 16.32.
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