276Payment out of Court

### 276 Payment out of Court > > (1)  Money paid into Court under an order of the Court or a judge is not to be paid out of Court, otherwise than under an order of the Court or a judge. > > > (2)  Notwithstanding [subrule (1)](#GS276@Gs1@EN) , if a defendant has paid money into Court under an order under [Division 3](#HP11@HD3@EN) of [Part 11](#HP11@EN) before the delivery of a defence, the defendant – > > > > > > (a) unless the Court or a judge otherwise orders, may appropriate by notice in writing the whole or any part of that money and any additional payment, if necessary, to the whole or any specified part of the plaintiff's claim; or > > > > > > > (b) if the defendant has pleaded tender before action, may appropriate by that defence the whole or any part of the money in Court as payment into Court of the money alleged to have been tendered. > > > (3)  Any money appropriated under [subrule (2)](#GS276@Gs2@EN) is taken to be money paid into Court under this Part or money paid into Court with a plea of tender.