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s 18.01

Application for relief by way of interpleader

In force
Chapter 2Original jurisdiction—proceedings generally
Part 18Interpleader proceedings
Division 18.1Stakeholder’s interpleader

18.01 Application for relief by way of interpleader

A person (the stakeholder) may apply to the Court for relief by way of interpleader if:

(a)

the stakeholder is liable for a debt or personal property in the stakeholder’s possession (the property in dispute); and

(b)

the stakeholder:

(i)

does not know the identity of the person to whom the property in dispute is owed or belongs; or

(ii)

has received competing claims about the property in dispute; or

(iii)

expects to be sued in the Court for the property in dispute by 2 or more persons making adverse claims.

Note:

Interpleader is a special procedure available to a person who is faced with 2 or more claims about the same debt or personal property. The procedure enables the competing claimants to litigate their difference while the stakeholder abides by the result.

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