Litigation Fund WCX Pty Ltd v Homebuilding Pty Ltd

In the matter of *Litigation Fund WCX Pty Ltd v Homebuilding Pty Ltd*, the Sheriff of New South Wales sought to bring an interpleader summons. The dispute concerned whether the Sheriff was required to bring the interpleader proceedings, and whether the proceedings were of a nature to which the Sheriff was a party for the purposes of section 6(1)(a) of the *Sheriff Act 2005* (NSW). The proceedings were heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were: (1) whether the Sheriff's alternate was entitled to bring the interpleader summons; (2) whether the proceedings were properly characterised as proceedings to which the Sheriff was a party for the purposes of section 6(1)(a) of the *Sheriff Act 2005* (NSW); and (3) whether a contravention of section 6 of the *Sheriff Act 2005* (NSW) necessitated the mandatory dismissal of the proceedings. The court was also required to interpret the meaning of "the Sheriff's functions in relation to" within section 6(1) of the *Sheriff Act 2005* (NSW), specifically whether this encompassed the function of commencing or maintaining legal proceedings to which the Sheriff was a party.

The Court of Appeal determined that the Sheriff's alternate was not entitled to bring the interpleader summons. The court reasoned that the proceedings were not of a nature to which the Sheriff was a party within the meaning of section 6(1)(a) of the *Sheriff Act 2005* (NSW). Consequently, the Sheriff's actions did not fall within the scope of section 6 of the Act, and therefore, the question of mandatory dismissal for contravention did not arise. The court concluded that the summons was misconceived.

The summons was dismissed with costs. The court further ordered that the Sheriff and Litigation Fund WCX Pty Limited were to file written submissions regarding the form of the costs order, with subsequent responses to be filed, with the final determination to be made on the papers.