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r 6.12

Service on agent

In force
Chapter 1General Rules
Part 6Service

6.12 Service on agent

(1)

Where a contract is entered into in the Territory:

(a) by or through an agent residing or carrying on business in the Territory; and

(b) on behalf of a principal residing or carrying on business out of the Territory,

the Court may give leave, before the determination of the agent's authority or the agent's business relations with the principal, for originating process relating to or arising out of the contract to be served on the agent.

(2)

Where an order giving leave is made under subrule (1):

(a) the order is to specify the time within which the defendant must file a notice of defence; and

(b) the plaintiff must, without delay, send a copy of the order and the originating process by prepaid post to the defendant at the defendant's usual or last known place of residence or business out of the Territory.

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