Acts and Regulations

Rule-30 - THIRD PARTY CLAIM

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Current to 1 January 2024
PLEADINGS
RULE 30
THIRD PARTY CLAIM
30.01Where available
(1)A defendant may issue a Third Party Claim (Form 27I) against a person who is not a party to the action, and who
(a) is, or may be, liable to him for all or part of the claim of the plaintiff,
(b) is, or may be, liable to him for any other relief relating to the subject matter of the main action, or
(c) should be bound by the determination of some issue arising between the plaintiff and the defendant.
(2)A claim may be made against a third party notwithstanding that a contract between the defendant and the third party provides that no action may be brought until after judgment against the defendant.
30.02Time for Filing and Serving Third Party Claim
(1)A Third Party Claim shall be issued within 10 days after the time limited for filing and serving the Statement of Defence in the main action and, with a copy of the Statement of Claim and the Statement of Defence, shall, within 30 days after it is issued, be served on the third party in the manner prescribed for service of originating process.
(2)A Third Party Claim shall also be served on the plaintiff in the main action within the time limited for the service on the third party, but personal service is not required.
(3)No order shall be made for extension of the time limits set out in paragraphs (1) and (2) unless the court is satisfied that the plaintiff will not be unduly prejudiced.
30.03Third Party Defence
(1)In a Third Party Defence (Form 27J), a third party may dispute the liability of the defendant to the plaintiff or his own liability to the defendant, or both.
(2)Where a Third Party Defence does not dispute the liability of the defendant to the plaintiff, the third party shall be deemed to admit the validity of a judgment obtained by the plaintiff against the defendant, except a judgment obtained on consent or by default.
30.04Time for Filing and Serving of Third Party Defence
A Third Party Defence shall be filed and served within 20 days after service of the Third Party Claim.
30.05Effect of Third Party Defence
Where a third party has filed and served a Third Party Defence
(a) he shall be served with all subsequent pleadings in the main action,
(b) if the Third Party Defence disputes the liability of the defendant to the plaintiff, the third party and the plaintiff are entitled to discovery of each other, and
(c) if the defendant making the claim against a third party has also made a cross-claim against his co-defendant, that co-defendant and the third party, if adverse in interest, are entitled to discovery of each other.
30.06Effect of Default of Third Party
Where a third party has been noted in default, the defendant may obtain judgment against him only on motion to the court.
30.07Reply to Third Party Defence
A Reply to Third Party Defence (Form 27K) may be filed and served by the defendant making the claim against a third party and, where a Third Party Defence disputes the liability of the defendant to the plaintiff, by the plaintiff.
30.08Time for Filing and Serving Reply to Third Party Defence
A Reply to a Third Party Defence, if any, shall be filed and served within 10 days after service of the Third Party Defence.
30.09Trial of Third Party Claim
(1)The Third Party Claim shall be tried at or immediately after the trial of the main action unless ordered otherwise.
(2)A third party who files and serves a Third Party Defence disputing the liability of the defendant to the plaintiff
(a) is entitled to appear at the trial of the main action and take part in the manner and to such extent as the trial judge may direct, and
(b) shall be bound by any judgment or decision in the main action.
30.10Appeal from Judgment or Order in the Main Action
A third party who has filed and served a Third Party Defence disputing the liability of the defendant to the plaintiff has the same right to appeal from a judgment or order in the main action as if he were a defendant, and is entitled to participate in any appeal taken by another party.
30.11Prejudice or Delay to Plaintiff
In order that a plaintiff not be unnecessarily prejudiced or delayed because of a claim against a third party, the court may, on motion, impose terms, including a direction that the claim against the third party proceed as a separate action, where such terms do not cause injustice to other parties.
30.12Third Party Directions
Any party affected by a claim against a third party may apply to the court for directions where necessary in respect of any matter of procedure not provided for in these rules.
30.13Claims by Third and Subsequent Parties
(1)A third party may assert against any person, whether or not he is already a party to the main action or to a claim against a third party, any claim which is properly the subject matter of a Third Party Claim under this rule, by commencing a claim against a fourth party and this rule applies to such claim with any necessary modification.
(2)Personal service of a Fourth Party Claim is not required on a fourth party who is a party to the main action or to the Third Party Claim unless he has failed to file and serve a Notice of Intent to Defend or a Statement of Defence in the main action or a Third Party Defence to the Third Party Claim, as may be, in which case personal service is required whether or not he has been noted in default in the main action or in the Third Party Claim, as may be.
(3)A fourth or any subsequent party may assert any claim which is properly the subject matter of a Third Party Claim under this rule in the manner prescribed by paragraph (1) and this rule applies thereto with any necessary modification.
30.14Application to Counterclaim and Cross-Claim
This rule applies, with any necessary modification, to the assertion of a claim against a third party by a defendant to a counterclaim, or by a defendant to a cross-claim.