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r 14.03

Stakeholder's application for interpleader order

In force
Chapter 1General Rules
Part 14Interpleader
Division 2Stakeholder's interpleader

14.03 Stakeholder's application for interpleader order

(1)

Where a person (not being a bailiff):

(a)

is under a liability in respect of property;

(b) is being sued, or expects to be sued, in a court in respect of the property by 2 or more persons with competing claims in relation to the property; and

(c)

claims no interest in the property except for charges or costs,

the person may apply for an interpleader order under this Part.

(2) Where there are proceedingsg pending in which the stakeholder is being sued in respect of the property in dispute, the application for an interpleader order is to be made in the proceedings.

(3) The stakeholder must serve the application for an interpleader order personally on each claimant.

Division 3 Bailiff's interpleader

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