16/17. Third Party Proceedings/Interpleader

Question 1

third party proceedings brought by who

Answer 1

only D unless D counterclaims and P become D

O16

Question 2

third party proceedings procedure

Answer 2

O16

• third party notice (writ equivalent)
• appearance
• D apply for directions
• trial (3rd party become D)

Question 3

when to initiate interpleader proceedings

Answer 3

O17

• X sued/likely to be sued by 2 parties & X claims no interest in the subject matter
• seizure and sale - X claim interest in the subject matter - X is not the person against whom the order of seizure and sale is issued

Question 4

Interpleader - who has onus of proof

Answer 4

[Tan Kim Khuan]

• where claimant in possession of the goods, bailiff will be made P and P has the onus to proof his entitlement to the goods, which justifies his intervention
• where Sheriff in possession of the goods, claimant will be made P, P has the onus to proof his title to the goods, which justifies his intervention