r 5.10

Matter to be pleaded

In force

In a pleading subsequent to a statement of claim, a party must plead specifically a fact or matter that:

(a)

the party alleges makes a claim or defence of the opposite party not maintainable;

(b)

if not pleaded specifically, might take the opposite party by surprise; or

(c)

raises a question of fact that does not arise out of a preceding pleading.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.