Third Party Proceeding (Rules of Court 2012)
Third Party Proceedings – O 16
• Third party notice – O 16 r 1 • Application for leave to issue third party notice – O 16 r 2 • Issue, service of and entry of appearance to third party notice – O 16 r 3 • Third party directions – O 16 r 4 • Default of third party – O 16 r 5 • Setting aside third party proceedings – O 16 r 6 • Judgment between defendant and third party – O 16 r 7 • Claims and issues between a defendant some other party – O 16 r 8 • Claims by third and subsequent parties – O 16 r 9 • Offer to contribution – O 16 r 10 • Counterclaim by defendant – O 16 r 11
Interpleader Proceedings – O 17
• Entitlement to relief by way of interpleader – O 17 r 1 • Claims to goods taken in execution – O 17 r 2 • Mode of application – O 17 r 3 • Service of summons and notice of application – O 17 r 4 • Powers of Court hearing originating summons or notice of application – O 17 r 5 • Power to order sale of goods taken in execution – O 17 r 6 • Power to stay proceedings – O 17 r 7 • Withdrawal or admission – O 17 r 7A • Other powers – O 17 r 8 • One order in several causes or matter – O 17 r 9 • Discovery – O 17 r 10 • Trial of interpleader issue – O 17 r 11
Introduction
The objects of these rules are:
1) To prevent multiplicity of actions and to enable the court to settle disputes between all parties to them in one action; 2) To prevent the same question from being tried twice with possibly different results.
Observations of Pennycuick J in Standard Securities Ltd v Hubbard [1967] Ch 1056
In Pegang Mining Co Ltd v Choong Sam & Ors [1969] 2 MLJ 52, the Privy Council considered O 16 r 1 of the Rules of the Supreme Court 1957 regarding the power of the court to add additional party to an action…the party to be added must be one ‘who ought to have been joined or whose presence before the court may be necessary in order to enable the court effectively and completely to adjudicate
• Third party notice – O 16 r 1 • Application for leave to issue third party notice – O 16 r 2 • Issue, service of and entry of appearance to third party notice – O 16 r 3 • Third party directions – O 16 r 4 • Default of third party – O 16 r 5 • Setting aside third party proceedings – O 16 r 6 • Judgment between defendant and third party – O 16 r 7 • Claims and issues between a defendant some other party – O 16 r 8 • Claims by third and subsequent parties – O 16 r 9 • Offer to contribution – O 16 r 10 • Counterclaim by defendant – O 16 r 11
Interpleader Proceedings – O 17
• Entitlement to relief by way of interpleader – O 17 r 1 • Claims to goods taken in execution – O 17 r 2 • Mode of application – O 17 r 3 • Service of summons and notice of application – O 17 r 4 • Powers of Court hearing originating summons or notice of application – O 17 r 5 • Power to order sale of goods taken in execution – O 17 r 6 • Power to stay proceedings – O 17 r 7 • Withdrawal or admission – O 17 r 7A • Other powers – O 17 r 8 • One order in several causes or matter – O 17 r 9 • Discovery – O 17 r 10 • Trial of interpleader issue – O 17 r 11
Introduction
The objects of these rules are:
1) To prevent multiplicity of actions and to enable the court to settle disputes between all parties to them in one action; 2) To prevent the same question from being tried twice with possibly different results.
Observations of Pennycuick J in Standard Securities Ltd v Hubbard [1967] Ch 1056
In Pegang Mining Co Ltd v Choong Sam & Ors [1969] 2 MLJ 52, the Privy Council considered O 16 r 1 of the Rules of the Supreme Court 1957 regarding the power of the court to add additional party to an action…the party to be added must be one ‘who ought to have been joined or whose presence before the court may be necessary in order to enable the court effectively and completely to adjudicate