Uniform Civil Procedure Rules 1999

This rule applies if the court considers a proceeding started by application should have been started by claim or may more conveniently continue as if started by claim.

The court may—

order that the proceeding continue as if started by claim; and

give the directions the court considers appropriate for the conduct of the proceeding; and

if the court considers it appropriate—order that any affidavits filed in the proceeding be treated as pleadings, alone or supplemented by particulars; and

make any other order the court considers appropriate.