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Court Procedures Rules
6015Application in proceeding—application under r 40
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6015 Application in proceeding—application under r 40
An application for an order under rule 40 (Setting aside originating
process etc) in relation to an originating process must be filed within
the time mentioned in rule 102 (Notice of intention to respond or
defence—filing and service) for filing a notice of intention to respond
to the originating process or, if the application is for an order in
relation to an originating claim and no notice of intention to respond
is filed, a defence.