706Urgent orders before start of proceeding

706 Urgent orders before start of proceeding (a) in urgent circumstances; and

Interim preservation, distribution and payment Division 2.9.2 Rule 706 (b) if the person applying for an order mentioned in subrule (2) intends to start a proceeding. (2) Before the proceeding starts, the court may do any of the following as if the proceeding had started: (a) make an order that the court might make in a proceeding on an application for a habeas corpus order; (b) make a division 2.9.4 order; Note For the giving of the usual undertaking as to damages, see r 732 (Division 2.9.4 order—damages and undertaking as to damages). (c) make an order extending the operation of a caveat, including, for example, under the Land Titles Act 1925; (d) make an order appointing, or directing the appointment of, a receiver; (e) make an order under rule 715 (Inspection, detention, custody and preservation of property—orders etc) or rule 716 (Disposal of property other than land). Note The court may impose a condition about giving the usual undertaking as to damages (see r 715 (5) and r 716 (2)). (3) Subrule (2) does not limit the orders the court may make before a proceeding starts. (4) An application for an order mentioned in subrule (2) must be made (5) An application for an order mentioned in subrule (2) should be served, but if the court is satisfied there is adequate reason for doing so, it may make the order without the application being served on anyone.

Division 2.9.2 Interim preservation, distribution and payment Rule 707 (6) The person must give an undertaking to the court that the person will file originating process starting the proceeding not later than— (a) the end of the time ordered by the court; or (b) if the court does not make an order mentioned in paragraph (a)—2 days after the day the order mentioned in subrule (2) is made. habeas corpus order—see rule 3500 (Definitions—pt 3.9).