8. The principal Rules are amended by inserting, immediately after Order 94, the following Orders:building and construction industry Security of payment ACT 2004 |
Interpretation (O. 95, r. 1) |
1.—(1) In this Order, “Act” means the Building and Construction Industry Security of Payment Act 2004 (Act 57 of 2004) and any reference to a section shall be construed as a reference to a section in the Act.(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act. |
(3) An application to which this Order applies must be made —(a) | where an action is pending, by summons in the action; and | (b) | in any other case, by originating summons. |
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Application for enforcement of adjudication determination (O. 95, r. 2) |
2.—(1) An application for leave to enforce an adjudication determination under section 27 shall be made to the Registrar by ex parte originating summons or summons.(2) The supporting affidavit for an application referred to in paragraph (1) must —(a) | exhibit the original adjudication determination and the contract to which the adjudication determination relates or, in either case, a copy thereof; | (b) | state the name and the usual or last known place of business of the applicant and the person against whom it is sought to enforce the adjudication determination (referred to in this Rule as the debtor), respectively; and | (c) | state the unpaid portion of the adjudicated amount. |
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(3) An order granting leave must be drawn up by or on behalf of the applicant, and must be served on the debtor —(a) | by delivering a copy to him personally; | (b) | by sending a copy to him at his usual or last known place of business; or | (c) | in such other manner as the Court may direct. |
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(4) Within 14 days after being served with the order granting leave, the debtor may apply to set aside the adjudication determination and the adjudication determination shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the adjudication determination, until after the application is finally disposed of. |
(5) The copy of the order served on the debtor must state the effect of paragraph (4). |
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Application to set aside adjudication determination or judgment (O. 95, r. 3) |
3.—(1) An application to set aside an adjudication determination or a judgment must be made by originating summons or summons.(2) The supporting affidavit for an application referred to in paragraph (1) must —(a) | have exhibited to it a copy of the adjudication determination and the contract to which the adjudication determination relates, and any other document relied on by the applicant; | (b) | state the grounds on which it is contended that the adjudication determination or judgment, as the case may be, should be set aside; | (c) | set out any evidence relied on by the applicant; and | (d) | be served with the originating summons or summons, as the case may be. |
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(3) The applicant must, at the time of filing the originating summons or summons, as the case may be, provide security for the unpaid portion of the adjudicated amount that he is required to pay in consequence of the adjudication determination or judgment by means of a direction to the Accountant-General in Form 131 (a). |
(4) If the party who is entitled to enforce the adjudication determination or the judgment wishes to oppose the application referred to in paragraph (1), he must file an affidavit stating the grounds on which he opposes the application within 14 days after being served with the originating summons or summons, as the case may be, and the supporting affidavit. |
(5) In this Rule, “judgment” means a judgment obtained pursuant to section 27. |
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LIMITED LIABILTY PARTNERSHIPS act 2005 |
Interpretation (O. 96, r. 1) |
1. In this Order, “Act” means the Limited Liability Partnerships Act 2005 (Act 5 of 2005). |
Application of Order 77 (O. 96, r. 2) |
2. Order 77 shall not apply to a limited liability partnership registered under the Act. |
Applications to the Court (O. 96, r. 3) |
3.—(1) Unless otherwise provided in the Act or this Order, every application under the Act must be made by originating summons to which no appearance need be entered and these Rules shall apply subject to this Order. (2) In the case of a winding up petition presented under rule 3(1)(e) of the Fifth Schedule to the Act, the Court may order the proceedings to continue as if the proceedings had been begun by writ and may, in particular, order that —(a) | pleadings be delivered or that the petition or any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof; | (b) | any persons be added as parties to the proceedings; and | (c) | Order 25, Rules 2 to 7 shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if there had been a summons for directions in the proceedings. |
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Title of proceedings (O. 96, r. 4) |
4.—(1) Every originating summons to which this Order relates and all affidavits, notices and other documents in those proceedings must be entitled in the matter of the limited liability partnership in question and in the matter of the Act. (2) The originating summons by which an application for leave under section 36 of the Act is made must be entitled in the matter of the limited liability partnership (if any) in relation to which the applicant was convicted and in the matter of the Act. |
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Summons for directions (O. 96, r. 5) |
5. Without prejudice to the generality of Order 28, Rule 4, on the first hearing of an originating summons to which this Order relates, the Court may by order give such direction as to the proceedings to be taken as it thinks fit.”. |
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