Court Procedures Rules 2006

On application under division 2.19.1 (Stakeholder’s interpleader) or division 2.19.2 (Enforcement officer’s interpleader) for interpleader relief, the court may make the orders it considers appropriate for hearing and deciding all matters in dispute.

Without limiting subrule (1), the court may do any of the following:

if a proceeding is pending against the applicant in relation to any of the disputed property—order that a claimant in relation to the disputed property be included as a defendant in the proceeding in addition to or in substitution for the applicant, or order that the proceeding be stayed or dismissed;

order that a question between claimants to the disputed property be stated and tried, direct which of the claimants is to be the plaintiff and which the defendant, and give any necessary directions for the trial;

order that the applicant pay or transfer all or any of the property in dispute or the proceeds of sale into court or otherwise dispose of the property or proceeds of sale;

if a claimant claims to be entitled to any of the disputed property by way of security for a debt—make orders for the sale of all or part of the property and for the application of the proceeds of sale;

decide summarily a question of law or fact arising on the application;

order that a special case be stated on a question of law under part 5.7 (Special cases);

make any order it considers appropriate, including an order finally disposing of all issues arising in the proceeding.