PRACTICE AND PROCEDURE — strike out of paragraph in Defence pleading a limitation defence — Defence filed in response to Amended Statement of Claim
Quick Take
1A defendant who files a defence to an amended statement of claim is entitled to plead a limitation defence in response to clarifications introduced by the amendment, even where the defence could arguably have been raised earlier against the original pleading.
2Section 56 of the Civil Procedure Act 2005 (NSW) does not reduce the threshold conditions for engaging the strike-out power under UCPR r 14.28, but may limit the circumstances in which a court, satisfied the power is available, would decline to exercise it on discretionary grounds — following the approach in Bott v Carter [2012] NSWCA 89 and as endorsed in Hitchcock v Pratt Group Holdings Pty Ltd [2024] NSWSC 1292.
