Court Procedures Rules 2006

In a proceeding, a defendant may make a counterclaim against a plaintiff, instead of bringing a separate proceeding.

Note See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and counterclaim) AF2026-16.

The defendant must state specifically that the defendant is making a counterclaim.

For the Magistrates Court, the amount claimed by the counterclaim must not be more than the maximum amount for which the court has jurisdiction.

Note 1 The Magistrates Court Act 1930, pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act. See also r 463 (Counterclaim—abandonment of excess in Magistrates Court).

Note 2 See r 219 (Counterclaim or set-off when co-plaintiff wrongly included).