New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.8

Default by claimant

43.8 Default by claimant

(cf SCR Part 56, rule 10; DCR Part 42, rule 5; Act No 11 1970, section 67)

(1) If a claimant--
(a) has been given due notice of the hearing of an application for relief by way of interpleader and does not appear at the hearing, or
(b) does not comply with an order made in the proceedings on such an application,
the court may order that the claimant, and those claiming under the claimant, be barred from prosecuting the claim against the applicant and those claiming under the applicant.
(2) An order under subrule (1) does not affect the rights of the claimants as between themselves.



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