Stop order for funds in Court
937 Stop order for funds in Court
The Court or a judge may make an order that any funds in Court, or any part of them or income from them, not be transferred, sold, delivered, paid or otherwise dealt with unless notice is first given to the person applying for the order.
The following persons may apply for an order:any person who has a mortgage or charge on the interest of any person in the funds in Court; any person to whom that interest has been assigned; any person who is a judgment creditor of the person entitled to that interest.
The application is to be made by interlocutory application in the proceeding in which the funds are in Court or, if there is no proceeding, by originating application.
The application and a copy of any affidavit in support – are to be served on every person who has an interest in the funds in Court which may be affected by the order sought; and need not be served on any other person.
On an application under this rule, the Court or a judge may make any order as may be just for the costs and expenses of any party or any other person against whom an order is sought.
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