Ground of defence arising after defence filed etc
104 Ground of defence arising after defence filed etc
This rule applies if a ground of defence to an originating claim arises after—
a defendant files a defence; or
the time limited by rule 102 (1) (Notice of intention to respond or defence—filing and service) for a defendant to file a defence ends.
The defendant may file a further defence not later than 7 days after the day the ground of defence arises or at a later time with the court’s leave.
Pt 6.2 (Applications in proceedings) applies to an application for leave under this subrule.
The registrar must seal the further defence and any filed copies of the further defence.
The registrar may reject a further defence that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc).
The defendant must serve a sealed copy of the further defence on the plaintiff at the plaintiff’s address for service on the day it is filed in the court.
Address for service is defined in the dictionary.
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