COURT PROCEDURES RULES 2006 - REG 412 Pleadings—conditions precedent

COURT PROCEDURES RULES 2006 - REG 412

    (1)     An allegation of the performance or happening of a condition precedent necessary for a party's case is implied in the party's pleadings.

    (2)     A party who denies the performance or happening of a condition precedent must specifically plead the denial.

Examples of conditions precedent

1     a thing has been done

2     an event has happened

3     a state of affairs exists, or has existed at some time or times

4     the party is ready and willing, or was at all relevant times ready and willing, to perform an obligation