Pleadings—matters arising after start of proceeding

In force

(1)

A party to a proceeding may plead a matter that arose after the proceeding started.

(2)

A party to a proceeding may plead facts giving rise to a cause of action that arose after the proceeding started only—

(a)

if it is not unjust to any other party; and

(b)

with the court’s leave.

Note 1

See r 502 (3) (Amendment—of documents) about including a cause of action arising after a proceeding is started.

Note 2

See also r 104 (Ground of defence arising after defence filed etc), r 467 (Counterclaim—defence arising after answer) and r 481 (3) (Pleadings—after reply).

Note 3

Pt 6.2 (Applications in proceedings) applies to an application for leave.

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413 Pleadings—matters arising after start of proceeding