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r 20.17

Order for payment out after acceptance

In force
Chapter 1General Rules
Part 20Offers of settlement
Division 3Payment into Court

20.17 Order for payment out after acceptance

(1) Where a plaintiff accepts money paid into the Court in satisfaction of a claim in the following circumstances, the money is to be paid out only by order of the Court:

(a) where the money was paid into the Court in answer to a claim to which the defendant making the payment properly raised a defence of tender before the commencement of the proceedings;

(b) where the plaintiff accepts the money after the beginning of the hearing of the proceedings;

(c)

where the plaintiff is a person under a disability.

(2) On an application for an order under subrule (1) the Court must, as far as practicable, deal with the costs of the proceedings.

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