Supreme Court Rules 1987

(1) This rule applies where the Court gives judgment or makes an order for:

(a) the administration of the estate of a deceased person;

(b) the execution of a trust; or

(2) Where the judgment or order:

(a) affects the rights of a person not a party; or

(b) directs the taking of an account or the making of an inquiry,

the Court may by the judgment or order, or by subsequent order, direct that notice of the judgment be served on a person interested.

(3) The Court may direct that notice under subrule (2) be served personally or in some other manner and, where it appears that service is impracticable, may dispense with service.

(4) A notice of judgment served under subrule (2) shall be endorsed in accordance with Form 59A.

(5) Where under this Rule notice of a judgment is served on a person, or the Court dispenses with service of notice of judgment on a person:

(a) subject to subrule (6), the person shall be bound by the judgment to the same extent as if he were a party at the time the judgment or order was given or made, except where the judgment or order has been obtained by fraud or non-disclosure of material facts; and

(b) he may, after filing an appearance, attend on the taking of the account or the making of the inquiry under the judgment or order.

(6) The Court may set aside or vary the judgment or order on the application of a person referred to in subrule (2).

(7) An application under subrule (6) shall be made by summons, which shall be filed:

(a) if notice of the judgment or order has been served on the applicant – within 14 days after service; or

(b) if the Court has dispensed with service of notice – within 14 days after the day the order dispensing with service was made.