Uniform Civil Procedure Rules 1999 - Pleadings
Part 2 Rules of pleading
149 Statements in pleadCD-ROM for saleings
(1) Each pleading must—
(a) be as brief as the nature of the case permits; and
(b) contain a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and
(c) state specifically any matter that if not stated specifically may take another party by surprise; and
(d) subject to rule 156, state specifically any relief the party claims; and
(e) if a claim or defence under an Act is relied on—identify the specific provision under the Act.
(2) In a pleading, a party may plead a conclusion of law or raise a point of law if the party also pleads the material facts in support of the conclusion or point.
50 Matters to be specifically pleaded
(1) Without limiting rule 149, the following matters must be specifically pleaded—
(a) breach of contract or trust;
(b) every type of damage claimed including, but not limited to, special and exemplary damages;
Editor’s note— See also rule 155 (Damages).
(c) defence under theLimitation of Actions Act 1974;
(h) interest (including the rate of interest and method of
(i) malice or ill will;
(k) motive, intention or other condition of mind, including
knowledge or notice;
(l) negligence or contributory negligence;
(o) part performance;
(q) undue influence;
(r) voluntary assumption of risk;
(t) want of capacity, including disorder or disability of mind;
(u) that a testator did not know and approve of the contents of a will;
(v) that a will was not properly made;
(w) wilful default;
(x) anything else required by an approved form or practice direction to be specifically pleaded.
(2) Also, any fact from which any of the matters mentioned in subrule (1) is claimed to be an inference must be specifically pleaded.
(3) If the plaintiff’s claim is for a debt or liquidated demand only (with or without a claim for interest), the plaintiff must state the following details in the statement of claim—
(a) particulars of the debt or liquidated demand;
(b) if interest is claimed—particulars as required by rule 159;
(c) the amount claimed for the costs of issuing the claim and attached statement of claim;
(d) a statement that the proceeding ends if the defendant pays the debt or liquidated demand and interest and costs claimed before the time for filing notice of
intention to defend ends;
(e) a statement of the additional costs of obtaining judgment in default of notice of intention to defend.
(4) In a defence or a pleading after a defence, a party must specifically plead a matter that—
(a) the party alleges makes a claim or defence of the opposite party not maintainable; or
(b) shows a transaction is void or voidable; or
(c) if not specifically pleaded might take the opposite parties by surprise; or
(d) raises a question of fact not arising out of a previous pleading.151 Presumed facts
(1) A party is not required to plead a fact if—
(a) the law presumes the fact in the party’s favour; or
(b) the burden of proving the fact does not lie with the party.
(2) Subrule (1) does not apply if it is necessary to plead the fact—
(a) to comply with rule 149; or
(b) to meet a denial pleaded by another party.
152 Spoken words and documents
Unless precise words are material, a pleading may state the effect of spoken words or a document as briefly as possible without setting out all of the spoken words or document.
153 Condition precedent
(1) An allegation of the performance or occurrence of a condition precedent necessary for the case of a party is implied in the party’s pleading.
(2) A party who denies the performance or occurrence of a condition precedent must specifically plead the denial.
154 Inconsistent allegations or claims in pleadings
(1) A party may make inconsistent allegations or claims in a pleading only if they are pleaded as alternatives.
(2) However, a party must not make an allegation or new claim that is inconsistent with an allegation or claim made in another pleading of the party without amending the pleading.
(1) If damages are claimed in a pleading, the pleading must state the nature and amount of the damages claimed.
(2) Without limiting rule 150(1)(b), a party claiming general damages must include the following particulars in the party’s pleading—
(a) the nature of the loss or damage suffered;
(b) the exact circumstances in which the loss or damage was suffered;
(c) the basis on which the amount claimed has been worked out or estimated.
(3) If practicable, the party must also plead each type of general damages and state the nature of the damages claimed for each type.
(4) In addition, a party claiming damages must specifically plead any matter relating to the assessment of damages that, if not pleaded, may take an opposing party by surprise.
156 General relief
The court may grant general relief or relief other than that specified in the pleadings irrespective of whether general or other relief is expressly claimed in the pleadings.
Part 3 Particulars
157 Particulars in pleading
A party must include in a pleading particulars necessary to—
(a) define the issues for, and prevent surprise at, the trial; and
(b) enable the opposite party to plead; and
(c) support a matter specifically pleaded under rule 150.158 Particulars of damages
(1) If a party claims damages including money the party has paid or is liable to pay, the pleading must contain particulars of the
payment or liability.
(2) If a party claims exemplary or aggravated damages, the party’s pleading must contain particulars of all matters relied on in support of the claim.
(1) This rule applies if a party intends to apply to the court for an award of interest, whether under theSupreme Court Act 1995, section 47 or otherwise.
(2) This rule does not apply to a proceeding for damages for personal injury or death.
(3) The party must allege in the party’s pleading particulars of—
(a) the amount or amounts on which the interest is claimed; and
(b) the interest rate or rates claimed; and
(c) the day or days from which interest is claimed; and
(d) the method of calculation.
(4) However, the rate or rates of interest need not be separately specified if the party is claiming at the rate or rates specified in a practice direction.
160 Way to give particulars
(1) If rules 157 to 159 require particulars to be given, the particulars must be stated in the pleading or, if that is inconvenient, in a separate document mentioned in, and filed and served with, the pleading.
(2) Further particulars may be given by correspondence.
(3) A party giving further particulars must file a copy of the particulars.161 Application for order for particulars
(1) A party may apply to the court for an order for further and better particulars of the opposite party’s pleading.
Chapter 11 (Evidence), part 8 (Exchange of correspondence instead of affidavit evidence) applies to an application under this part. Note, particularly, rule 447 (Application to court).
(2) The court may, on an application under subrule (1), make the consequential orders and give the directions for the conduct of the proceeding the court considers appropriate.
(3) The making of an application under this rule does not extend the time for pleading.
(4) Particulars required under an order under this rule must repeat the relevant part of the order so the particulars are self-explanatory.
162 Striking out particulars
(1) This rule applies if a particular—
(a) has a tendency to prejudice or delay the fair trial of the proceeding; or
(b) is unnecessary or scandalous; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of the process of the court.
(2) The court, at any stage of the proceeding, may strike out the particular and order the costs of the application to be paid on the indemnity basis.
(3) On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the particular.
163 Failure to give particulars
If a party does not comply with an order made under rule 161, the court may make the order, including a judgment, it considers appropriate.
Part 4 Progress of pleading
164 Time for serving answer to counterclaim and reply
(1) Unless the court orders otherwise, any answer to counterclaim must be filed and served within—
(a) 14 days after the day the counterclaim is served; or
(b) if the defendant to the counterclaim is not a party to the original proceeding, 28 days after the day the counterclaim is served.
(2) Unless the court orders otherwise, any reply must be filed and served within 14 days after the day of the service of the defence or answer to counterclaim.
Editor’s note— See chapter 9 (Ending proceedings early), part 1 (Default) for the consequence of default.
165 Answering pleadings
(1) A party may, in response to a pleading, plead a denial, a nonadmission, an admission or another matter.
(2) A party who pleads a nonadmission may not give or call evidence in relation to a fact not admitted, unless the evidence relates to another part of the party’s pleading.
166 Denials and nonadmissions
(1) An allegation of fact made by a party in a pleading is taken to be admitted by an opposite party required to plead to the pleading unless—
(a) the allegation is denied or stated to be not admitted by the opposite party in a pleading; or
(b) rule 168 applies.
(2) However, there is no admission under subrule (1) because of a failure to plead by a party who is, or was at the time of the failure to plead, a person under a legal incapacity.
(3) A party may plead a nonadmission only if—
(a) the party has made inquiries to find out whether the allegation is true or untrue; and
(b) the inquiries for an allegation are reasonable having regard to the time limited for filing and serving the defence or other pleading in which the denial or
nonadmission of the allegation is contained; and
(c) the party remains uncertain as to the truth or falsity of the allegation.
(4) A party’s denial or nonadmission of an allegation of fact must be accompanied by a direct explanation for the party’s belief that the allegation is untrue or can not be admitted.
(5) If a party’s denial or nonadmission of an allegation does not comply with subrule (4), the party is taken to have admitted the allegation.
(6) A party making a nonadmission remains obliged to make any further inquiries that may become reasonable and, if the results of the inquiries make possible the admission or denial of an allegation, to amend the pleading appropriately.
(7) A denial contained in the same paragraph as other denials is sufficient if it is a specific denial of the allegation in response to which it is pleaded.
167 Unreasonable denials and nonadmissions
If the court considers an allegation of fact denied or not admitted should have been admitted, the court may order the party who denied or did not admit the allegation to pay additional costs caused by the denial or nonadmission.168 Implied nonadmission
(1) Every allegation of fact made in the last pleading filed and served before the pleadings close is taken to be the subject of a nonadmission and rule 165(2) then applies.
(2) However, nothing in these rules prevents a party at any time admitting an allegation contained in a pleading.
169 Close of pleadings
The pleadings in a proceeding close—
(a) if a pleading is served after the defence or answer to a counterclaim—on service of the pleading; or
(b) otherwise—14 days after service of the defence.
170 Confession of defence
(1) If the defendant alleges a defence that arose after the proceeding was started, the plaintiff may file and serve a confession of defence.
(2) The plaintiff may, on filing a confession of defence, obtain a judgment for costs to be assessed up to the day the defence was served, unless the court otherwise orders.
(3) In this rule—defendant includes a defendant to a counterclaim.
171 Striking out pleadings
(1) This rule applies if a pleading or part of a pleading—
(a) discloses no reasonable cause of action or defence; or
(b) has a tendency to prejudice or delay the fair trial of the proceeding; or
(c) is unnecessary or scandalous; or
(d) is frivolous or vexatious; or
(e) is otherwise an abuse of the process of the court.
(2) The court, at any stage of the proceeding, may strike out all or part of the pleading and order the costs of the application to be paid by a party calculated on the indemnity basis.
(3) On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the pleading.
Part 5 Particular pleadings
Division 1 Various
172 Defence of tender
If a defendant pleads the defence of tender before the proceeding was started, the court may order the defendant to pay the amount tendered into court.
(1) A defendant may rely on set-off (whether or not of an ascertained amount) as a defence to all or part of a claim made by the plaintiff whether or not it is also included as a counterclaim.
(2) If the amount of a set-off is more than the amount of the claim against which it is set off, then, regardless of whether the set-off is pleaded as a counterclaim—
(a) the set-off may be treated as a counterclaim; and
(b) the court may give judgment for the amount of the difference or grant the defendant other relief to which the court considers the defendant is entitled.
Examples of other relief under subrule (2)(b)— injunction, or stay, if within the court’s jurisdiction
(3) Despite subrules (1) and (2)—
(a) if the court considers a set-off can not be conveniently dealt with in a proceeding, the court may set aside a defence or counterclaim in the proceeding by way of
set-off and may order that the set-off be dealt with in a separate proceeding; or
(b) if the court considers a set-off should not be allowed, the court may set aside a defence or counterclaim by way of set-off.
174 Defamation pleadings
If in a proceeding for defamation the plaintiff intends to allege that the defendant was actuated by ill will to the plaintiff or by another improper motive, the plaintiff must allege in a reply the facts from which the ill will or improper motive is to be inferred.