Part 42

Interpleader

42.1     In this Part:

(1)     ‘enforcement officer’ means the Court Bailiff or an individual who is authorised to act as such by the Chief Justice or a person acting on his behalf;

(2)     ‘writ of execution’ includes a writ of execution against assets, a writ of possession, a writ of delivery, or a writ of sequestration and any further writ in aid of any of the aforementioned writs.

 

Entitlement to relief by way of interpleader

42.2     Where a person is under a liability in respect of a debt or in respect of any assets and he is, or expects to be, sued for or in respect of that debt or assets by two or more persons making adverse claims thereto the person under liability may apply to the Tribunal for relief by way of interpleader.

 

Mode of application

42.3     An application for relief under this Part must be made by claim form in accordance with Part 8 unless made in an existing claim, in which case it must be made in accordance with Part 23.

42.4     A claim form or application notice under Rule 42.3 must be supported by evidence that the applicant –

(1)     claims no interest in the subject-matter in dispute other than for charges or costs;

(2)     does not collude with any of the claimants to that subject-matter; and

(3)     is willing to pay or transfer that subject-matter into the Tribunal Registry or to dispose of it as the Tribunal may direct.

 

Powers of Tribunal hearing the claim

42.5     Where on the hearing of a claim under this Part all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Part referred to as ‘the interpleader claimants’) appear, the Tribunal may order –

(1)     that any interpleader claimant be made a defendant in any claim pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Part; or

(2)     that an issue between the interpleader claimants be stated and tried and may direct which of the interpleader claimants is to be claimant and which defendant.

42.6     Where –

(1)     all the interpleader claimants consent or any of them so requests; or

(2)     the question at issue between the interpleader claimants is a question of law and the facts are not in dispute,

the Tribunal may immediately determine the question at issue between the interpleader claimants and make an order accordingly on such terms as may be just.

42.7     Where an interpleader claimant, having been duly served with a claim form under this Part, does not appear at the hearing or, having appeared, fails or refuses to comply with an order made in the proceedings, the Tribunal may make an order declaring the interpleader claimant, and all persons claiming under him, barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the interpleader claimants as between themselves.

 

Power to stay proceedings

42.8     Where a defendant to a claim applies for relief under this Part in the claim, the Tribunal may by order stay all further proceedings in the claim.

 

Other powers

42.9     The Tribunal may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.

42.10     The Tribunal may direct that costs shall be assessed by the Registrar.

 

One order in several proceedings

42.11     Where the Tribunal considers it necessary or expedient to make an order in any interpleader proceedings in several proceedings, the Tribunal may make such an order; and the order shall bear the titles of all those proceedings and shall be binding on all the parties to them.

 

Production of documents

42.12     Parts 28 and 19 shall, with the necessary modifications, apply in relation to an interpleader issue as they apply in relation to any other proceedings.

 

Trial of interpleader issue

42.13     Part 35 shall, with the necessary modifications, apply to the trial of an interpleader issue as it applies to the trial of a claim.

42.14     The Tribunal may give such judgment or make such order as is necessary finally to dispose of all questions arising in the interpleader proceedings