Rule 4 Tender and payment into court

Where the defence is tender, such defence shall not be available unless before or at the hearing the defendant lodges with the chief clerk the amount alleged to have been tendered, together with the costs of the action up to the time of tender if it was made after action brought.

Where in an equity suit a defendant intends to rely upon payment made by him into court, he shall give notice thereof to the plaintiff [^f1 within 28 days after service of his notice of intention to defend].