Specific defences
8.03 Specific defences
If the defendant intends to rely on:
(a) the defence of illegality or fraud – the defendant must give particulars of the illegality or fraud;
(b) the defence of minority – the defendant must state the date and place of the defendant's birth;
(c) the defence of limitation by statute – the defendant must state the date on which the defendant claims the limitation period commenced;
(d) the defence of discharge under a law relating to bankruptcy or insolvency – the defendant must state the date of the order sequestrating the defendant's estate and the court by which the order was made and, if necessary, the date of the certificate of an order for the bankrupt's or insolvent's discharge; or
(e) the defence of tender – the defendant must state the date of the tender and, where the amount tendered is less than the amount claimed, specify the item or items in the plaintiff's particulars of demand in respect of which tender was made.
(2) The defence of tender is not available unless the defendant pays the amount alleged to have been tendered into the Court not later than 5 days before the date fixed for the hearing of the proceedings.
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