439Time of application

### 439 Time of application > > (1)  An application under [rule 437](#GS437@EN) or [438](#GS438@EN) may be made to the Court or a judge – > > > > > > (a) if made by the plaintiff, at any time after the issue of the writ or notice to the defendant and any other person who is likely to be affected by the order; or > > > > > > > (b) if made by any other party, at any time after appearance by the party making the application. > > > (2)  A party making an application to which [subrule (1)(b)](#GS439@Gs1@Hpb@EN) applies is to give the plaintiff and any other person likely to be affected by the order, notice of the application before making it.