59Proof of service of notice of proceedings

#### 59 Proof of service of notice of proceedings 59 Proof of service of notice of proceedings (cf former Part 78, rule 60) > A party who has issued a notice of proceedings (the issuing party) is not entitled to be heard, except by leave of the Court, unless— > > > (a) the person to whom the notice is addressed (the addressee) has entered an appearance in the proceedings, or > > > (b) the issuing party has filed— > > > > > (i) an affidavit of service of the notice on the addressee, or > > > > > (ii) an affidavit stating that the notice has not been served on the addressee and explaining why it has not been served.