Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 44.10

Neutrality of applicant
10. (1) Where a stakeholder applies for relief by way of interpleader, the
Court may dismiss the application or pronounce judgment against the applicant
unless the Court is satisfied on the following matters:

   (a)  that the applicant claims no interest in the property in dispute
        except for charges or costs;

   (b)  that the applicant does not collude with any claimant.

(2) Where a Sheriff applies for relief by way of interpleader, the Court may
require the Sheriff to satisfy the Court on the matters mentioned in sub-rule
(1) and the Court may, if not satisfied on those matters, dismiss the
application.

(3) Nothing in this rule affects the power of the Court in other cases to
dismiss the application or to pronounce judgment against the applicant.



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