The appellant law firm sought an interpleader order to pay trust funds into court.
The application judge ordered the payment of those funds, plus an additional amount that the law firm had already applied toward unpaid legal fees.
On appeal, the Court of Appeal held that an interpleader order was not available for the additional funds because the law firm claimed a beneficial interest in them and was not a disinterested stakeholder.
The appeal was allowed, and the order was varied to exclude the disputed funds.
