Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 12.07

Interpleader summons

    (1)     Where under rule 12.05 a sheriff has served a notice of claim and a notice in accordance with Form 12A on the execution creditor, the sheriff may, by summons in the proceeding in which the warrant is issued, apply to the Court for relief by way of interpleader if the execution creditor:

        (a)     does not within 7 days after the service of the notices under rule 12.05 serve on the sheriff notice in writing that he admits the claim; or

        (b)     within that period of 7 days serves on the sheriff notice in writing that he disputes the claim,

and the Court may, if the claim has not been withdrawn, grant that relief.

    (2)     A summons under subrule (1) shall be served on each party to the proceeding who claims an interest in the property in dispute and shall be served personally on each claimant who is not a party.



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