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Court Procedures Rules
2733Accounts—certificate about taking of account
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2733 Accounts—certificate about taking of account
(1) The result of the taking of an account must be stated in a certificate
that must be filed in the court immediately after it is settled.
(2) Anyone who is interested in the account may apply to the court for
the certificate to be set aside or amended not later than 7 days after
the day the certificate is filed.
or leave under this rule.
(3) The application must state—
(a) the items objected to; and
(b) briefly, but specifically, the grounds of the objection.
(4) The court must decide the application on the same evidence as was
presented at the taking of the account, unless the court gives leave for
further evidence to be presented.
(5) The certificate becomes final, and is binding on the parties, at the end
of 7 days after the day it is filed in the court, unless someone applies
under subrule (2) for the certificate to be set aside or amended.
(6) However, in special circumstances the court may set aside or amend
the certificate after it has become final and binding.
(7) The certificate must not set out the order, the documents, evidence or
reasons, but it must refer to the order or the documents or evidence
so that the basis of the result of the account is stated in the certificate.
Making of inquiries Division 2.20.3
Rule 2734
(8) The certificate must state the items allowed and disallowed.
(9) The party responsible for the prosecution of the taking of the account
must prepare a draft certificate for settling by the court on at least 7
days notice to everyone who appeared at the taking of the account.
(10) The registrar must serve a stamped copy of the certificate on each
party to the account.