Act No. 7, 1901.
An Act to consolidate the Statutes relating to Interpleader in the Supreme Court. [3rd
October, 1901.]
| BE it enac ted by t h e K i n g ' s | t h e advice a n d consent of t h e Legis la t ive Counci l and | Legis |
| Mos t | Exce l l en t | Majesty , by a n d | wi th |
| la t ive | Assembly of | N e w | Sou th W a l e s | in | P a r l i a m e n t | assembled, | and |
by the au thor i ty of t h e same, as follows :—
Preliminary.
| 1. | This A c t m a y be cited as t he " In t e rp l eade r | Act , | 1 9 0 1 , " | a n d |
is divided in to Pa r t s as follows—
| P A R T | I . — P r e l i m i n a r y — s s . | 1-3 . |
| P A R T | I I .—Appl ica t ions | by | defendants—ss. | 4 - 7 . |
| P A R T I I I .—Appl i ca t ions by Sheriff | and other officers—s. | 8. |
| P A R T | IV.—Supplementary—ss . | 9 - 1 1 . |
2. The Acts men t ioned in t he Schedule to th is Ac t are, to the
ex ten t the re in expressed, hereby repealed.
| " C o u r t " | means t he Sup reme | Cour t . |
| " J u d g e " means a J u d g e of t he | Court . |
| Applications | by | defendants. |
| 4. | U p o n appl icat ion m a d e by or on t h e behalf of any | defendant , |
sued in t h e Cour t in any ac t ion of assumpsi t , debt , de t inue , or t rover , such appl icat ion be ing m a d e after declarat ion and before plea, by affidavit or otherwise showing—
| (a) | t h a t such defendan t does not c laim a n y interest in t h e subject- |
| m a t t e r | of t h e | act ion ; | |
| (b) | t h a t t he r igh t there to is c laimed or supposed to be long to some th i rd pa r ty who has sued, or is expected to sue for t he s a m e ; |
| (c) | t ha t such defendant does no t in any m a n n e r col lude wi th such |
| th i rd | p a r t y ; | and | (d) | |
{</) t h a t such defendant is ready to b r ing in to Cour t or to pay or dispose of the subjec t -mat ter of the act ion in such m a n n e r as the Cour t or J u d g e may order or direct,
t he Cour t or a J u d g e may—•
(i) by rule or order call upon such third pa r ty to appear and to s ta te the na tu re and par t iculars of his claim, and to ma in ta in or re l inquish his c laim ; and
(ii) upon such rule or order hear the allegations as well of such
| th i rd pa r ty as of t he plaintiff; | and | |
(iii) in t he m e a n t i m e stay t he proceedings in such action ; and, finally,
(iv) order such third party to make himself defendant in the same or some other action, or to proceed to tr ial on one or more feigned issue or issues ; and direct which par ty shall be plaintiff or defendant on such t r i a l ; or, w i th the consent of the plaintiff and such th i rd par ty , dispose of t h e meri ts of the i r claims, and de te rmine t he same in a s u m m a r y
(v) make such other rules and orders therein as to costs and all
| o ther ma t t e r s as appear j u s t and | reasonable. | |
5. The j u d g m e n t in any such action or issue as may be directed by the Court or J u d g e , and t h e decision of the Court or J u d g e in a s u m m a r y manner , shall be final and conclusive against the part ies and all persons c la iming by, from, or unde r t hem.
| 6. | If such th i rd | p a r t y — |
| (a) | hav ing been duly served wi th such ru le or order does not appear |
| the reupon to ma in t a in or re l inquish his c l a i m ; | or | |
| (b) | neglects or refuses to comply with any rule or order made after |
| |
| t he | Cour t | or J u d g e | m a y — |
(i) declare such th i rd pa r ty and all persons c la iming by, from,
or unde r him, to be for ever barred from prosecut ing bis
c laim agains t the original defendant , his executors or | adminis t ra tors , | saving, | nevertheless, t h e r igh t or c laim of |
| such th i rd par ty against t he plaiutifT; | and |
| (ii) | t h e r e u p o n | m a k e such order be tween such defendant and the |
| plaintiff as to costs and other ma t t e r s as appears j u s t | and |
| reasonable. |
| 7. | (1) | If a J u d g e , upon appl ica t ion to h i m in t he first ins tance , |
or in any la ter s tage of the proceedings t h inks t h e m a t t e r more fit for
| t he decision of the Court , he m a y refer t he m a t t e r to the | Cour t . |
| (2) | The Cour t shall the reupon hear and dispose of the m a t t e r |
in t he same m a n n e r as if t h e proceeding had original ly commenced by
ru le of Cour t instead of by order of a J u d g e .
| Applications | by Sheriff and other officers. |
| 8. (1) W h e n any claim to any goods or cha t te l s t a k e n | or |
in tended to be t a k e n in execut ion under any process issued by or u n d e r t h e au thor i ty of the Court , or to t h e proceeds or value thereof, is made by a person not be ing the pa r ty against w h o m such process has issued, t h e Cour t or a J u d g e , upon the appl icat ion of t he Sheriff or o ther officer made before or after t h e r e t u r n of such process, and before or
| after a n y ac t ion b r o u g h t agains t such | Sheriff | or officer | m a y — |
| (a) | by rule or order call before the Court or a Judge the party |
| issuing the process a n d the person m a k i n g t h e claim ; | and | |
| [b) | t he reupon exercise for t h e a d j u s t m e n t of such claim and t h e relief and protect ion of the Sheriff or other officer all or any of the powers and author i t ies hereinbefore contained, and m a k e such rutes , orders, and decisions as appear to be j ust according to t h e c i rcumstances of t he case. |
(2) The costs of all such proceedings shall be in the
| discret ion | of t h e | Cour t | or | J u d g e . |
Supplementary.
| 9. | Eve ry order m a d e in pu r suance of this Ac t by a single | J u d g e |
not s i t t ing in open Cour t shall be liable to be rescinded or al tered by
| t h e Cour t in l ike m a n n e r as other orders m a d e by a single | J u d g e . |
| 10. | (1) | All rules , orders, ma t t e r s and decisions m a d e a n d done |
in p u r s u a n c e of this Ac t , except only the affidavits filed, may , toge ther wi th t h e declarat ion in t he cause, if any, be entered of record wi th a no te in t h e m a r g i n express ing the t rue da te of such en t ry to t h e end t h a t t he same m a y be evidence in fu tu re t imes if required, and to secure
| and enforce t he p a y m e n t of costs directed by any such ru le or order. |
(2) Every such rule or order so entered shall have t h e force
and effect of a j u d g m e n t except only as to becoming a charge on any land.
11. (1) If any such costs are not paid wi th in fifteen days after
| not ice of t h e t axa t ion and a m o u n t thereof | given to t h e pa r ty ordered | to |
| pay the | same, | or his | a g e n t | or a t to rney , execut ion m a y issue for t h e |
same together w i th the costs of such en t ry a n d of t he execut ion .
(2) Every such wri t may bear teste on the day of issuing
the same whe the r in or out of t e rm.
(3) The Sheriff or o ther officer execu t ing any such wri t
| shal l be ent i t led | to | t h e | same fees and no more as u p o n a s imilar wr i t |
| g rounded | upon | a j u d g m e n t | of t h e | Court . |
S C H E D U L E .
S C H E D U L E .
| Reference to Act. | Title. | Extent of repeal. |
| 5 | W i l l . I V | N o . | 8 . . | A n | A c t | f o r | a d o p t i n g | and | a p p l y i n g | c e r t a i n | A c t s | T h e | w h o l e , | in | so |
| of | P a r l i a m e n t | p a s s e d | in | tl io | e l e v e n t h | y e a r | of | far | as | it | a p p l i e s |
| fl ic re ign | of | H i s | l a t e | M a j e s t y | a n d | first | y e a r | to s e c t i o n s | 1 | t o |
| of | t h e r e i g n | of | l l i s | p r e s e n t | M a j e s t y | a n d | in | 7, | i n c l u s i v e , | of |
| t h e | first | a n d | s e c o n d | y e a r s | of | t h e | r e i g n | of | H i s | t h e A c t 1 & 2 |
| p r e s e n t | M a j e s t y | r e s p e c t i v e l y | in | t h e | a d m i n i s | W i l l . IV | c. 58 . |
| t ra t ion | of j u s t i c e | in | N e w | S o u t h | W a l e s i n | l i k e |
| m a n n e r | as | o t h e r | laws | of | E n g l a n d | are | a p p l i e d |
| t h e r e i n . |
| 1 & 2 | W i l l . I V c . 5 8 | A n | A c t | t o | e n a b l e | C o u r t s | o f | l a w | to | g i v e | re l i e f | T h e | w h o l e , | e x c e p t |
| a g a i n s t | a d v e r s e | c l a i m s | m a d e | u p o n | p e r s o n s | s e c t i o n | 8. |
| h a v i n g | n o | i n t e r e s t | in | t h e | s u b j e c t | of | s u c h |
| c la ims . |
| 7 | V i c . | N o . | 1 3 | .. | A n | A c t | for r e g u l a t i n g | t h e a p p o i n t m e n t | a n d | d u t i e s | T h e | u n r e p e a l e d |
| o f | Sheri f f | in | N e w | S o u t h | W a l e s . | p o r t i o n . |