Charge on partnership interest
39.48 Charge on partnership interest
(cf SCR Part 47, rule 2)
An application to the Supreme Court under section 23 of the Partnership Act 1892 (which relates to procedure against partnership property by a judgment creditor of a partner) is to be made—
if the judgment is a judgment in proceedings in the Supreme Court, by notice of motion in the proceedings, or
if the judgment is not a judgment in proceedings in the Supreme Court, by summons joining the judgment debtor and his or her partners as defendants.
An application under section 23 of the Partnership Act 1892 made by a partner of the judgment debtor in consequence of an application under that section made by the judgment creditor is to be made by notice of motion in the proceedings in which the judgment creditor applies.
A summons or notice of motion filed under this rule, and an order made on an application under section 23 of the Partnership Act 1892, must be served on the following persons (other than the applicant)—
the judgment creditor,
the judgment debtor,
such of the judgment debtor’s partners as are within New South Wales,
and, if so served, has effect as if it had been served on all of the partners.
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