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r 14.05

Bailiff's application to stay or restrain proceedings

In force
Chapter 1General Rules
Part 14Interpleader
Division 3Bailiff's interpleader

14.05 Bailiff's application to stay or restrain proceedings

(1) Where a claimant who is entitled to give notice under rule 14.04 does not do so within the time referred to in rule 14.04(2)(a), the bailiff may apply for an order to:

(a)

restrain the claimant from commencing proceedings in a court; or

(b) stay or restrain the continuance of proceedings in a court by the claimant,

against the bailiff in respect of anything done by the bailiff in execution of the warrant after the time when the person might reasonably have given notice.

(2)

An application under this rule is to be:

(a)

made in the proceedings in which the warrant was issued; and

(b)

served personally on the claimant.

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