HIGH COURT RULES 2004 - RULE 27.07 Demurrer

HIGH COURT RULES 2004 - RULE 27.07

27.07.1     A party may demur to a pleading of the opposite party or to so much of that pleading as sets up a distinct cause of action, a distinct and severable claim for damages, or a distinct ground of defence, set - off, counterclaim or reply.

27.07.2     A demurrer shall state whether it is to the whole or part of the claim or pleading of the opposite party, and, if to part, it shall identify that part of the claim or pleading.

27.07.3     A demurrer shall state the ground or grounds in law for the demurrer.

27.07.4     A party may plead and demur to the same matter.

27.07.5     If the claim or defence of a party depends, or may depend, upon the construction of a written document referred to in the pleading, the party demurring may, in its demurrer, set out, or sufficiently identify, the part or parts of the document it alleges are material.

27.07.6     A party demurring to the pleading of the opposite party shall:

  (a)   file and serve its demurrer on all other parties to the proceeding, whether or not those parties have appeared; and

  (b)   no later than 14 days after the filing of its demurrer, file and serve an application in Form 21 returnable before a Justice seeking directions for the further conduct of the proceeding.