Acts and Regulations

Rule-29 - CROSS-CLAIM

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Full text
Current to 1 January 2024
PLEADINGS
RULE 29
CROSS-CLAIM
29.01Where available
A defendant may cross-claim against a co-defendant who is, or may be, liable to him for
(a) all, or any part, of the claim of the plaintiff, or
(b) any other relief relating to the subject matter of the main action.
29.02Statement of Defence and Cross-Claim
A defendant shall plead his defence and cross-claim in one document to be called a Statement of Defence and Cross-Claim (Form 27F).
29.03Time for Filing and Serving Statement of Defence and Cross-Claim
(1)A Statement of Defence and Cross-Claim shall be filed and served within the time prescribed for filing and serving the Statement of Defence in the main action.
(2)Service of a Statement of Defence and Cross- Claim on
(a) the plaintiff, or
(b) a co-defendant,
may be made in any manner set out in Rule 18 but, if the co-defendant has failed to file and serve a Notice of Intent to Defend or a Statement of Defence in the main action, service on him shall be personal service whether or not he has been noted in default in the main action.
29.04Defence to Cross-Claim
Time for Filing and Serving Defence to Cross-Claim
(1)Subject to paragraph (2), a Defence to Cross-Claim (Form 27G) shall be filed and served within 20 days after service of the Statement of Defence and Cross- Claim.
Where Defence to Cross-Claim Not Required
(2)Where
(a) a cross-claim contains no claim other than a claim for contribution or indemnity,
(b) the defendant against whom the cross-claim is made has filed and served a Statement of Defence in the main action, and
(c) the defendant against whom the cross-claim is made, in response to the cross-claim, relies on the facts pleaded in his Statement of Defence in the main action and not on a different version of the facts or on any matter that might, if not specifically pleaded, take the defendant making the cross-claim by surprise,
the defendant against whom the cross-claim is made is not required to file and serve a Defence to Cross-Claim and shall be deemed to deny the allegations of fact made in the cross-claim and to rely on the facts pleaded in his Statement of Defence in the main action.
87-111
29.05Defence to Cross-Claim - What May be Disputed
In a Defence to Cross-Claim, the defendant against whom the cross-claim is made may dispute his liability to the defendant making the cross-claim or the liability of that defendant to the plaintiff, or both.
29.06Effect of Default of Defence to Cross-Claim
Where a defendant against whom a cross-claim is made has been noted in default in respect of the cross-claim, the defendant making the cross-claim may obtain judgment against him only upon motion to the court.
29.07Time for Filing and Serving Reply to Defence to Cross-Claim
A Reply to Defence to Cross-Claim (Form 27H), if any, shall be filed and served within 10 days after service of the Defence to Cross-Claim.
29.08Trial of Cross-Claim
The cross-claim shall be tried at the trial of the main action unless ordered otherwise.
29.09Application to Counterclaim and Third Party Claim
This rule applies, with any necessary modification, to the assertion of a cross-claim by one defendant to a counterclaim against another defendant to the same counterclaim or by one third party against another third party to the same third party claim.
29.10Prejudice or Delay to Plaintiff
In order that a plaintiff not be unnecessarily prejudiced or delayed because of a cross-claim, the court may, on motion, impose terms including a direction that the cross-claim proceed as a separate action, where such terms do not cause injustice to other parties.