A vague or unintelligible original pleading cannot be relied upon to avoid the 'new cause of action' restriction in UCPR r 376(4); the vacuity of the original pleading means any substantive amendment necessarily introduces a new cause of action that does not arise from the same or substantially the same facts. In conversion claims involving cheques, where a cheque is voluntarily delivered under a voidable (not void) transaction induced by fraud, title passes to the recipient and subsequent rescission does not retrospectively confer title so as to found an action in conversion against the paying bank.
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