436Preservation or interim custody of property

### 436 Preservation or interim custody of property > > (1)  If by any contract a prima facie case of liability is established and a right to be relieved wholly or partially from the liability is alleged as a matter of defence, the Court or a judge may make an order – > > > > > > (a) for the preservation or interim custody of the subject matter of the litigation; or > > > > > > > (b) that the amount in dispute be brought into Court or otherwise secured. > > > (2)  An application for an order under [subrule (1)](#GS436@Gs1@EN) may be made by the plaintiff or applicant at any time after the right appears from the pleadings or by affidavit or otherwise.