New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.2

43.2 Court may grant interpleader on application by stakeholder

(cf SCR Part 56, rules 2, 3 and 4; Act No 9 1973, section 115; DCR Part 42, rule 2; Act No 11 1970, sections 65 and 67)

(1) If, in relation to disputed property, a stakeholder is sued, or expects to be sued, in any court by two or more claimants, the court may, on application by the stakeholder, grant relief by way of interpleader.

(2) Such an application is to be made--

(a) if, in proceedings in the court, the stakeholder has been sued by a claimant in respect of the disputed property, by motion in the proceedings, or

(b) in any other case, by separate proceedings in the court, joining each claimant as a defendant.

(3) With the application must be filed an affidavit to the effect that the applicant--

(a) claims no interest in the subject-matter in dispute other than for charges or costs, and

(b) is not in collusion with any claimant, and

(c) is willing to pay or transfer the subject-matter in dispute into court or, if the court so requires, to give security to the value of the subject-matter to the satisfaction of the court.

(4) A stakeholder applying under subrule (2)(a) must serve notice of motion--

(a) on each party to the proceedings who claims an interest in the disputed property, and

(b) on each claimant who is not a party to the proceedings.

(5) In relation to a claimant referred to in subrule (4)(b), the notice of motion must be served personally.