Essay about Third Party Proceeding (Rules of Court 2012)

1973 Words Feb 19th, 2013 8 Pages
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
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Service of TPN must ordinarily be effected personally – O 10.

The TPN has the effect that the proceedings are to be regarded as a writ commencing the action by the defendant against the third party, in which the defendant is the plaintiff and the third party the defendant.

The third party, if he intends to defend his case, must enter an appearance within the time for entering an appearance to a writ, or within such time as the court may specify.

Third Party Directions

This rule makes provision for the situation where the third party defends the claim against him and enters an appearance.

On the third party entering an appearance, the defendant must apply for directions.

The application is by summons before the Registrar addressed to and served on the third party, the plaintiff and co-defendants, if any.

The defendant who issued the TPN must take out the summons/notice application.

The court would have regard to the interests of all parties to the action, including the plaintiff and third party.

Although no time period has been prescribed for the defendant to issue the summons for directions the application must be made as soon as possible after the third party has entered an appearance.

The court, on hearing the applications for directions, may make one of several orders:

a) If liability of the third party to the defendant is established, the court may order judgment against

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