New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.7

Powers generally

43.7 Powers generally

(cf SCR Part 56, rule 9; DCR Part 42, rule 4)

(1) On application under Division 2 or 3 for relief by way of interpleader, the court may make such orders and directions as it thinks fit for the hearing and determination of all matters in dispute.
(2) Without limiting subrule (1), the court may do any of the following--
(a) if proceedings in the court are pending in which the applicant is sued for or in respect of any of the disputed property, it may order that any claimant be added as a defendant in those proceedings in addition to or in substitution for the applicant, or order that those proceedings be stayed or dismissed,
(b) if proceedings in any other court are pending in which the applicant is sued for or in respect of any of the disputed property, it may order that further continuance of those proceedings be stayed,
(c) it may order the applicant to pay or transfer any or all of the disputed property into court or otherwise to dispose of any or all of the disputed property,
(d) if a claimant claims to be entitled by way of security for debt to any or all of the disputed property, it may make orders for the sale of any or all of the disputed property and for the application of the proceeds of sale,
(e) on request by any party, it may summarily determine any or all questions of fact or law in which the requesting party is interested arising on the application,
(f) it may make orders for the settlement and trial of questions,
(g) it may make such other order, or give such other judgment, as the nature of the case requires.
(3) A stay granted under subrule (2)(b) may be revoked by the court by which it was granted or by the court in which the stayed proceedings are pending.



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