Third Party Proceeding (Rules of Court 2012)

1979 WordsMar 4, 20138 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…show more content…
The court must be satisfied that there is proper question to be tried – Waterford Turkish Baths Co v Baxter (1909) 17 Ir LTR 61; c) The court may dismiss the application and terminate the proceedings on the third party notice; d) The court may even determine the extent to which the third party is to be bound by any judgment. The court has express power under r 4(3)(c) to dismiss summons for third party directions and terminate the proceedings. If there are any objections to the third party proceedings, the party should file an affidavit adducing facts to support his objection. Even the plaintiff may object to the third party proceeding. In an application to set aside a third party notice, the same principles may be applied as for an application by a defendant for an order to strike out the plaintiff’s claim under O 18 r 19 – Lee Kwan Yew v Devan Nair (Straits Times Press (1975) Ltd & Anor, Third Parties) [1993] 1 SLR 723 Where a third party admits an obligation to indemnify the defendant, the third party may be granted leave to defend the plaintiff’s claim – Coles v Civil Service (1884) 26 Ch D 530. The court has jurisdiction to grant summary judgment in third party proceedings. However, it is only in rare cases that summary judgment will be granted in such proceedings. Default by third party – O 16 r 5 This rule provides for the
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