New South Wales Mont De Piete Deposit and Investment Company Limited v Waters [1914] HCA 71

HIGH COURT [19l4.

{HIGH COURT OF AUSTRALIA.]

THE NEW SOUTH WALES MONT DE

PIETE DEPOSIT AND INVESTMENT APPELLANTS ; COMPANY LIMITED

WATERS AND ANOTHER . : 2 . RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H. ©. or A. District Court of New South Wales—Jurisdiction—Interpleader proceedings—Sum-

1914. w SypyeEy, Nov. 17, 18.

mons to claimant issued by registrar—Jurisdiction of District Court Judge to set aside— Persona designata—District Courts Act 1912 (N.S.W.) (No. 23 of 1912), secs. 127, 128.

Sec. 127 of the District Courts Act 1912 provides as follows :—''(1) Appli- cation may be made for relief by way of interpleader—(a) by a defendant in an action brought in a District Court for or in respect of any debt, money, goods, or chattels to which some third party makes aclaim;. . . (2) The application must be made to the registrar of the Court in which the action is brought or of the Court in the district of which the process is executed, as the case may be. (3) When the application is made by the defendant, it must be supported by an atfidavit showing—(a) that the applicant claims no interest in the subject matter in dispute other than for charges or costs ; (b) that the applicant does not collude with the person claiming as aforesaid ;

and (c) that the applicant is willing to pay or transfer the subject matter into Court."

See. 128 (1) provides that "The registrar shall thereupon issue a sum- mons calling upon the person claiming as aforesaid (hereinafter called the claimant) to state the nature and particulars of his claim in such form and within such time as may be prescribed ; and upon the issue of the summons, and where the application for relief is made by the defendant upon the pay- ment or transfer of the subject matter into Court, all proceedings in the action and in any other action which may have been brought in the Supreme Court or a District Court in respect of such claim shall be stayed."