429Nominal defendant may intervene in legal proceeding

429 Nominal defendant may intervene in legal proceeding (a) the liquidator of an insolvent insurer applies to a court for directions for a matter arising under the winding-up; or (b) the exercise, by the liquidator of an insolvent insurer, of any of the liquidator’s functions, whether under this part or not, is challenged, reviewed or called into question in a proceeding before a court; or (c) another matter that may affect the operation of this part is raised in a proceeding before a court. (2) The nominal defendant may intervene at any stage of the proceeding.

(3) If the nominal defendant intervenes, the nominal defendant becomes a party to the proceeding and has all the rights of a party to the proceeding including the right to appeal against any order, judgment or direction of the court. (4) The nominal defendant is entitled to be paid, out of the nominal defendant fund, all the costs and expenses incurred by the nominal defendant in exercising a function under this section.