103Declaratory judgment

### 103 Declaratory judgment > > (1)  A proceeding is not open to objection only on the ground that it seeks a merely declaratory judgment or order. > > > (2)  The Court may make a binding declaration of right, whether or not any consequential relief is, or may be, claimed. > > > (3)  A person claiming to be interested under a deed, will or other written instrument may apply, by originating application, to a judge in chambers for – > > > > > > (a) the determination of any question of construction arising under the instrument; and > > > > > > > (b) a declaration of the rights of the persons interested. > > > (4)  If a judge considers that any question on an application under [subrule (3)](#GS103@Gs3@EN) ought not to be determined on an originating application, the judge – > > > > > > (a) is not bound to determine the question; and > > > > > > > (b) may exercise the powers conferred by [rule 95](#GS95@EN) .