108Notice of intention to respond or defence—person sued

108 Notice of intention to respond or defence—person sued under partnership name (1) This rule applies if a proceeding is started against a person under a partnership name. Note See also div 2.4.10 (Partnerships). (2) Any notice of intention to respond or defence must not be filed in the partnership name. (3) The person may file a notice of intention to respond or defence only in the person’s own name. (4) If the person files a notice of intention to respond or defence in the person’s own name— (a) the proceeding continues in the partnership name; and (b) the person must also file a statement of the names and home addresses of all the people who were carrying on business under the partnership name when the cause of action arose (a partnership statement). (5) The court may order that a notice of intention to respond or defence filed by the person be struck out if the person fails to comply with subrule (4) (b). Rule 109 (6) Subrules (4) (b) and (5) do not apply if a partnership statement has been filed in the proceeding by another defendant who is a partner in the partnership.