Application to strike out conditional appearance
327 Application to strike out conditional appearance
A plaintiff may apply to strike out a notice of conditional appearance on the ground that the person filing it, at the time the writ was served, was an officer or member of the society if the notice of conditional appearance – is filed by a formal codefendant and denies that he or she is an officer or member of the society and no formal codefendant files a notice of unconditional appearance; or is filed by a person joined as a defendant as an officer of the society but not as a formal codefendant and denies that he or she is an officer or member of the society.
On the hearing of an application, the Court or a judge may direct the trial of an issue to determine the question whether or not the person filing the notice of conditional appearance was an officer or member of the society at the time of service of the writ.
An issue under subrule (2) may be tried and determined in any manner in which any issue or question in an action may be tried and determined.
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