Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1012

(SCR o 52 r 8)

    (1)     This rule applies—

    (a)     if a plaintiff (a recovering party ) brings a proceeding to recover, or a defendant (also a recovering party ) in a counterclaim seeks to recover, property other than land; and

    (b)     the party (the holding party ) from whom the recovery is sought does not dispute the recovering party's right to the property, but claims to be entitled to retain the property because of a lien or as other security for an amount.

    (2)     The court may order that the recovering party pay the amount, and an amount (if any) for interest or costs, into court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     The court may make the order at any time after the claim mentioned in subrule (1) (b) is made—

    (a)     in the pleadings; or

    (b)     if there are no pleadings—by affidavit or otherwise to the court's satisfaction.

    (4)     On the payment into court being made, the holding party must give the property to the recovering party.