219
In forceCounterclaim or set-off when co-plaintiff wrongly included
Chapter 2Civil proceedings generally
Part 2.4Parties and proceedings
Division 2.4.2Including and substituting parties
219 Counterclaim or set-off when co-plaintiff wrongly included
(1)
This rule applies if—
(a)
a person has been incorrectly or unnecessarily included as a co-plaintiff in a proceeding; and
(b)
the defendant has set up a counterclaim or set–off.
(2)
The defendant may get the benefit of the counterclaim or set-off by proving the claim or set-off against the parties other than the co‑plaintiff.
(3)
The defendant’s entitlement under subrule (2) is not affected by—
(a)
the inclusion of the co-plaintiff; or
(b)
any proceeding resulting from the inclusion.
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