Court Procedures Rules 2006

Without limiting rule 406, the following matters must be specifically pleaded:

an accident the cause of which is unknown and undiscoverable;

breach of contract or trust;

breach of statutory duty;

See r 432 (Pleadings—negligence and breach of statutory duty).

damages of every kind claimed, including, for example, special and exemplary damages;

See also r 417 (Pleadings—kind of damages etc).

duress;

estoppel;

extinction of right or title;

fraud or illegality;

interest (including the rate of interest and method of calculation) claimed;

malice or ill will;

misrepresentation;

motive, intention or other condition of mind, including knowledge or notice;

negligence or contributory negligence;

See r 432 (Pleadings—negligence and breach of statutory duty).

payment;

performance or part performance;

release;

statute of limitations;

a statute requiring that contracts be in, or evidenced by, writing (for example, statute of frauds);

undue influence;

voluntary assumption of risk;

waiver;

want of capacity, including disorder or disability of mind;

that a testator did not know and approve of the contents of a will;

that a will was not properly made;

wilful default;

anything else required by a practice note to be specifically pleaded.

Also, any fact from which any of the matters mentioned in subrule (1) is claimed to be an inference must be specifically pleaded.

In a defence or pleading after a defence, a party must specifically plead any matter that—

the party alleges makes a claim or defence of the opposite party not maintainable; or

shows a transaction is void or voidable; or

raises an issue of fact not arising out of a previous pleading.