179. Change of carriage of petition.

On the hearing of the petition, a person who has delivered notice1 of intention to appear at the hearing, may apply to the court for an order giving that person carriage of the petition in place of the petitioner, but without requiring any amendment of the petition2.

The court may, on such terms as it thinks just, make a change of carriage order if satisfied that:

  1.  

    (1)     the applicant is an unpaid and unsecured creditor3 of the debtor or a member state liquidator appointed in main proceedings4 in relation to the debtor; and

  2.  

    (2)     the petitioner either intends by any