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s 16.55

Consequential amendment of defence

In force
Chapter 2Original jurisdiction—proceedings generally
Part 16Pleadings
Division 16.5Amendment of pleadings

16.55 Consequential amendment of defence

(1)

The respondent may amend the defence if:

(a)

an applicant amends the statement of claim; and

(b)

the respondent has filed a defence before being served with a copy of the amended statement of claim.

(2)

The amended defence must identify the statement of claim to which it relates.

(3)

The right to amend the defence under subrule (1) is in addition to the right to amend a pleading under rule 16.51.

(4)

The respondent must file an amended defence within 28 days after the respondent is served with a copy of the amended statement of claim.

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