Supreme Court Rules 2000

Subject to rule 270, within 14 days after the receipt of a notice of money paid into Court or before the commencement of the trial, whichever is the earlier, a plaintiff may accept the whole or a part of the money specified in the notice in satisfaction of the claim or any cause of action to which the money relates.

If a plaintiff accepts money paid into Court, the plaintiff is to notify the defendant in writing.

On giving the defendant notice of acceptance, the plaintiff is entitled, except as otherwise provided by these rules or in the case of a person under disability subject to rule 299, to payment of – the money accepted; and any interest earned on the money since it was paid into Court.

The registrar is to pay the money to the plaintiff or, on the plaintiff's written authority, to the plaintiff's practitioner.

On payment to the plaintiff, all further proceedings in the claim or cause of action to which the money relates are stayed.

Unless the Court or a judge otherwise orders, a plaintiff may tax any costs incurred to the time of acceptance of money paid into Court and may sign judgment for those taxed costs if the plaintiff – accepts money paid into Court in satisfaction of the claim; or accepts money paid into Court in respect of one or more specified causes of action and gives notice abandoning the other cause or causes of action.

The plaintiff must not – tax any costs until 7 days after receiving payment of the money; or sign the judgment until 2 days after the taxation of those costs.

With the leave of a judge, a plaintiff in an action for defamation who accepts a payment into Court may make in open court a statement in terms approved by the judge.

This rule does not apply to an admiralty action or to any cause of action to which a defence of tender before action is pleaded.