s.155Meaning of "opportunity of being heard"
155
Section 155Part 13Miscellaneous

Meaning of "opportunity of being heard"

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Where, by this Law, a thing is to be or may be done after giving a person an opportunity of being heard, that person shall be deemed to have been given such an opportunity if —
he attends before the Registrar personally or by a legal practitioner or other agent, and is given such an opportunity;
he intimates, personally or by a legal practitioner or other agent, that he does not wish to be heard; or
he fails to attend pursuant to a notice in writing indicating the nature of the thing to be done and appointing a day and time not less than thirty days after service of the notice at which he will, if he attends before the Registrar be heard.
Where a person or legal practitioner or other agent on his behalf attends before the Registrar concerning a matter on which he is entitled to an opportunity of being heard, or fails to attend pursuant to such a notice as aforesaid, the Registrar may, if he thinks fit, adjourn the hearing from time to time, and, not withstanding a failure to attend, may, if he thinks fit, hear such person at any time.
Where by this Law all persons interested are to be given an opportunity of being heard, it shall be sufficient if all persons who, according to any subsisting entry in the register, appear to be so interested or affected are given such opportunity.

Defined Terms

opportunity of being heard