New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 43.9

Neutrality of applicant

43.9 Neutrality of applicant

(cf SCR Part 56, rule 11)

(1) If a stakeholder applies for relief by way of interpleader, the court may dismiss the application or give judgment against the applicant unless the court is satisfied that the applicant--
(a) claims no interest in the disputed property, except for charges or costs, and
(b) is not in collusion with any claimant.
(2) If the Sheriff applies for relief by way of interpleader, the court--
(a) may require the Sheriff to satisfy the court as to the matters referred to in subrule (1), and
(b) if not satisfied on those matters, may dismiss the application.
(3) Nothing in this rule affects the power of the court in other cases to dismiss the application or to give judgment against the applicant.



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