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C Practice and procedure — parties — company — when individual may represent company in legal proceedings — individual must make chamber application for directions
A company does not have an absolute right to appear in the superior courts without legal representation. Such a right may be enjoyed only by an individual who is the sole controlling authority and who is the sole directing mind of the company. The court may, on good cause shown, extend recognition of this status to any such individual or may, in its discretion, grant audience to any other individual to represent the company.
Any attempt by a company to secure a right to representation by its alter ego, or by its officer, must be preceded by a chamber application for directions as to who may sign pleadings or advance argument, address for service and other relevant procedural requirements. This application should be made in the name of the individual seeking to represent the company and the application should be accompanied by an affidavit showing the individual's good cause to act and containing a resolution of the company authorising that individual to act. It was recommended that the Rules of Court be altered so as to make express provision to this effect
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