Supreme Court (Corporations) (WA) Rules 2004
Part 2-Proceedings generally


    2.13 Leave to creditor, contributory or officer to be heard

    (1) The Court may grant leave to any person who is, or who claims to be

    (a) a creditor, contributory or officer of a corporation;

    (b) an officer of a creditor, or contributory, of a corporation; or

    (c) any other interested person,

    to be heard in a proceeding without becoming a party to the proceeding.

    (2) If the Court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, which should be borne by the person to whom leave was granted, the Court may

    (a) direct that the person pay the costs; and

    (b) order that the person not be heard further in the proceeding until the costs are paid or secured to the Court's satisfaction.

    (3) The Court may order that a person who is, or who claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding.

    (4) The Court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3)

    (a) on application by the person or a party to the proceeding; or

    (b) on the Court's own initiative.

    (5) The Court may

    (a) appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the Court, at the expense of the corporation; and

    (b) remove any person so appointed.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.