(1) Where, in an action (in this section called
"the principal action" ), a claim is made by way of set off, counterclaim or
cross action, the claim, for the purposes of this Act--
(ii) the date on which the person becomes a party
to the claim.
(2) This section extends to a claim by way of set off made by a
defendant under the Civil Procedure Act 2005 , even if one or more of the
debts giving rise to the set off became due and payable after the date on
which the defendant became a party to the principal action, so long as at
least one of those debts became due and payable on or before that date.