Counterclaim—defence arising after answer
467 Counterclaim—defence arising after answer
This rule applies if a ground of defence to a counterclaim arises after—
the defendant to the counterclaim files an answer to the counterclaim; or
the time limited by rule 466 (Counterclaim—answer to) for the defendant to the counterclaim to file an answer to the counterclaim ends.
The defendant to the counterclaim may file a further answer to the counterclaim not later than 7 days after the day the ground of defence arises or at a later time with the court’s leave.
Pt 6.2 (Applications in proceedings) applies to an application for leave.
The registrar must seal the further answer to the counterclaim and any filed copies of the further answer.
The registrar may reject a further answer to a counterclaim that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc).
The defendant to the counterclaim must serve a sealed copy of the further answer to the counterclaim on the plaintiff to the counterclaim at the plaintiff’s address for service on the day it is filed.
Rule 449 (Pleadings—confession of defence) applies to a defendant to a counterclaim.
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