(1)  If by any contract a prima facie case of liability is established and a right to be relieved wholly or partially from the liability is alleged as a matter of defence, the Court or a judge may make an order –

(a) for the preservation or interim custody of the subject matter of the litigation; or

(b) that the amount in dispute be brought into Court or otherwise secured.

(2)  An application for an order under subrule (1) may be made by the plaintiff or applicant at any time after the right appears from the pleadings or by affidavit or otherwise.