251
CurrentPleading to avoid surprise
Part 7Proceedings
Division 17Pleadings
251 Pleading to avoid surprise
In any pleading subsequent to a statement of claim, a party is to plead specifically any fact or matter that –
is alleged to make any claim or defence of the opposite party not maintainable; and if not pleaded specifically, may take the opposite party by surprise; and raises a question of fact not arising out of the preceding pleading.
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