185Parties altered by order on change of interest

185 Parties altered by order on change of interest

(1)  The Court or a judge, on an ex parte application, may make an order that a person be made a party or that a party be made a party in another capacity and any other orders for the disposal of the proceeding as may be just if it is appropriate because of –

(a) the death of a party; or

(b) the bankruptcy of a party; or

(c) the devolution by operation of law of the estate of a party; or

(d) a person interested coming into existence after the commencement of the proceeding; or

(e) any other event occurring after the commencement of a proceeding which causes a change or transmission of interest or liability.

(2)  On the making of the order, the new party or the party who is made a party in another capacity is to be served with notice of the order.

(3)  Unless the Court or a judge otherwise orders, the order is to be served on all of the parties, other than the person making the application.

(4)  Subject to subrules (5) and (6) , on service of the order, the person served –

(a) is bound by the order; and

(b) is to file and serve a notice of appearance within the same period and in the same manner as if that person had been served with a writ.

(5)  A person who is not under any disability, or who is under a disability and has a litigation guardian in a proceeding, and who is served with the order may apply, within 12 days of service, to the Court or a judge to discharge or vary the order.

(6)  If a person who is under a disability does not have a litigation guardian in a proceeding and is served with the order –

(a) that person may apply to the Court or a judge to discharge or vary the order at any time within 12 days after the appointment of a litigation guardian; and

(b) the order does not have force or effect against that person until the period of 12 days has expired.