Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 209

Judgment in third party proceedings
(1)  At or after the trial of an action in which a third party notice has been given, the Court may –
(a) direct the entry of any judgment in the third party proceeding; and
(b) grant to the defendant or to the third party any relief or remedy which might properly have been granted if the third party had been made a defendant to an action commenced by the defendant.
(2)  If an action in which a third party proceeding has been given is decided otherwise than by trial, the Court or a judge, on application, may –
(a) make any order in the third party proceeding; and
(b) grant to the defendant or to the third party any relief or remedy which might properly have been granted if the third party had been made a defendant to an action commenced by the defendant.
(3)  Notwithstanding subrules (1) and (2) , execution is not to issue against a third party without leave of the Court or a judge until after satisfaction by the defendant of the judgment against the defendant.



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