Legal Issue:

• Movants, Jun Yun Chen & Lili Zhang, sought an order under Rule 43.04(2) and Rule 72.03 for payment of $618,360.20 plus accrued interest from funds held in court.

Court’s Findings:

1. Motion Not an Interpleader Application:

   • Rule 43.02 applies when a neutral stakeholder deposits contested funds.
   • Here, no such neutral party exists, and an interpleader motion had already been granted on April 20, 2023, extinguishing the plaintiff’s liability.

2. Rule 72.03 Does Not Establish Entitlement:

   • This rule governs payment out of court but does not determine entitlement to funds.

3. Failure to Give Proper Notice:

   • No evidence that defendant, mortgagees, or other interested parties received notice.
   • No affidavits of service were filed.
   • An email sent on January 27, 2025, was insufficient notice.

4. Suggested Legal Action:

   • Movants may need to bring an application to establish entitlement to the funds.
   • The court recommended seeking legal counsel and referred them to the Law Society Referral Service.

Outcome:

• Motion dismissed without prejudice, preserving the claimants’ ability to seek relief through proper procedures.
• No party was successful.
• No monetary award, costs, or damages were granted.