Supreme Court Rules 1987

(1) The Court may make an order that funds in court, or a part of them, or the income from them, shall not be transferred, sold, delivered out, paid or otherwise dealt with unless notice is first given to the person applying for the order.

(2) An order may be made under subrule (1) on the application of a person:

(a) who has a mortgage or charge on the interest of a person in the funds in court;

(b) to whom the interest has been assigned; or

(c) who is a judgment creditor of the person entitled to the interest.

(3) The application shall be made by summons in the proceeding in which the funds are in court or, if there is no proceeding, by originating motion.

(4) The summons or originating motion, and a copy of any affidavit in support, shall be served on every person who has an interest in the funds in court which may be affected by the order sought.

(5) On an application under this rule the Court may make such order as it thinks fit for the costs and expenses of the applicant and of a party to the application or other person against whom an order is sought.