Acts and Regulations

Rule-43 - INTERPLEADER

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Full text
Current to 1 January 2024
PRESERVATION OF RIGHTS
PENDING LITIGATION
RULE 43
INTERPLEADER
43.01By Stakeholder
Where a person is under liability for any debt, money, goods or chattels, in respect of which adverse claims have been made against him by two or more persons, he may apply to the court for relief by way of interpleader.
43.02Repealed: 2019-33
85-5; 2019-33
43.03Mode of Application
(1)An application for interpleader relief shall be made by Notice of Application, unless it is made in a proceeding already commenced, in which case it shall be made by Notice of Motion and, in either case, the notice shall call upon the claimants to attend on the hearing and either to maintain or relinquish their claims.
(2)An application for interpleader relief shall be supported by an affidavit made by the applicant showing the names and addresses of all claimants to the property in question of whom the applicant has knowledge and that the applicant
(a) claims no beneficial interest in the property in question, other than a lien for costs, fees, charges or expenses,
(b) does not collude with any claimant to the property, and
(c) is willing to deliver the property in question to the court or to dispose of it as the court may direct.
(3)A Notice of Application or a Notice of Motion for interpleader relief shall be served upon every claimant to the property in question and, when it is made by notice of motion, upon every party to the proceeding.
(4)Repealed: 2019-33
(4.1)Repealed: 2019-33
(5)Repealed: 2019-33
(6)A person served with notice of an application under this rule is deemed to be a party to the application.
85-5; 2019-33
43.04Jurisdiction on Application
On the hearing of an application for interpleader relief the court may
(a) order a claimant to be made a party in a proceeding already commenced, in substitution for or in addition to the applicant,
(b) order the trial of an issue between the claimants, define the issue to be tried, direct which claimant is to be plaintiff and which defendant, and give directions with respect to pretrial procedures,
(c) where the issue is one of law and the facts are not in dispute, decide the question without directing the trial of an issue, or order that a special case be stated for the opinion of the court,
(d) on the request of a claimant, if, having regard to the value of the property and the nature of the issues in dispute, it seems desirable to do so, determine the rights of the claimants in a summary manner,
(e) where a claimant fails to attend, or attends and fails or refuses to comply with an order made in the proceeding, make an order declaring the claimant and all persons claiming under him to be forever barred from prosecuting his claim against the applicant and all persons claiming under him, without affecting the rights of the claimants as between themselves,
(f) order a stay of proceedings,
(g) order the preservation or disposition of the property or proceeds,
(h) order the costs of the applicant to be paid out of the property or proceeds,
(i) declare that the liability of the applicant in respect of the property or the proceeds is extinguished, and
(j) make such other order as may be just.