Court Procedures Rules 2006

This rule applies if the plaintiff claims an amount payable by the defendant to the plaintiff for any of the following:

goods sold and delivered by the plaintiff to the defendant;

goods bargained and sold by the plaintiff to the defendant;

work done or materials provided by the plaintiff for the defendant at the defendant’s request;

money lent by the plaintiff to the defendant;

money paid by the plaintiff for the defendant at the defendant’s request;

money had and received by the defendant for the plaintiff’s use;

interest on money owing by the defendant to the plaintiff;

interest for forbearance by the plaintiff at the defendant’s request on money owing by the defendant to the plaintiff;

money found to be owing by the defendant to the plaintiff on accounts stated between them.

The plaintiff may plead the facts using the form of words set out in the relevant paragraph of subrule (1).

The defendant may file a notice requiring the plaintiff to plead the facts on which the plaintiff relies in accordance with the provisions of this part other than this rule (the facts in full).

The defendant must file any notice under subrule (3) within the time limited by these rules for the defendant to file a defence.

Rule 102 provides that, in a proceeding started by an originating claim, a defendant must file a defence not later than the later of the following:

28 days after the day the claim is served on the defendant;

if the defendant makes an unsuccessful application under r 40 to have the claim set aside—7 days after the day the application is refused.

If the defendant files a notice under subrule (3), the defendant must serve a stamped copy of the notice on the plaintiff at the plaintiff’s address for service on the day it is filed.

Address for service is defined in the dictionary.

If the defendant files a notice under subrule (3)—

the plaintiff must, not later than 28 days after the day the notice is served on the plaintiff—

file an amended statement of claim pleading the facts in full; and

include in the amended statement of claim a note to the effect that the statement has been amended in response to the notice; and

if the defendant has not already filed a defence—the time for filing the defence is extended until 14 days after the day a stamped copy of the plaintiff’s amended statement of claim is served on the defendant.

The plaintiff is not prevented from amending the statement of claim under rule 505 (Amendment—of pleadings before close of pleadings) only because the plaintiff has amended the statement of claim under this rule.