Civil Procedure Act 2005

This section applies to proceedings in which a defendant makes one or more interim payments.

The court may make such orders with respect to the interim payments as may be just and, in particular, may order one or more of the following—

the variation or discontinuance of interim payments,

the repayment by the plaintiff of all or part of any interim payment, with or without interest,

the payment by another party of all or part of any interim payment that the defendant is entitled to recover from that other party.

The court may make an order under this section—

when making a final judgment or order, or

when granting the plaintiff leave to discontinue proceedings or to withdraw a claim, or

on the application of any party, at any other stage of the proceedings.