New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.5

43.5 Admission of claim

(cf SCR Part 56, rule 7; DCR Part 42, rule 1)

(1) This rule applies if an execution creditor serves a notice of admission on the Sheriff with respect to any disputed property.

(2) On receiving such a notice, the Sheriff must withdraw from possession of the disputed property.

(3) On the application of the Sheriff, the court may make an order restraining the claimant from commencing or continuing proceedings in any court against the Sheriff in respect of anything done, or omitted to be done, by the Sheriff in execution of the writ of execution in relation to the disputed property.

(4) The Sheriff may apply for an order under this rule--

(a) if proceedings referred to in subrule (3) have been commenced against the Sheriff in the court, by motion in those proceedings, or

(b) in any other case, by motion in the proceedings in which the writ of execution was issued.

(5) Notice of an application under this rule must be served personally on the claimant.