109Notice of intention to respond or defence—person

109 Notice of intention to respond or defence—person incorrectly served as partner (1) If a proceeding is started against a person under a partnership name, the person may file a conditional notice of intention to respond (a) the person files the notice because the person was served as a partner; and (b) the person denies being a partner at the relevant time or being liable as a partner. (2) On application, the court may, by order— (a) set aside service of the originating process on the person on the ground that the person is not a partner or is not liable as a partner; or (b) set aside a conditional notice of intention to respond on the ground that the person is a partner or is liable as a partner. (3) The court may give directions about how to decide the liability of the person or the liability of the partners. (4) This rule does not limit rule 111 (Conditional notice of intention to respond). Rule 110