UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.15 Pleadings concerning possession of land

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.15

14.15 Pleadings concerning possession of land

(cf SCR Part 15, rule 15)

(1) This rule applies to proceedings on a claim for possession of land.

(2) The plaintiff must plead specifically the following matters--

(a) the nature of any instrument (such as a conveyance, will, trust instrument, mortgage or lease) from which the plaintiff's claim is alleged to be derived,

(b) if any such instrument is alleged to impose an obligation on the defendant whose breach has given rise to the plaintiff's claim (such as an obligation to pay money to the plaintiff), the existence of that obligation and the occurrence of any such breach,

(c) if any such instrument is alleged to confer a right on the plaintiff that vests at a specified time or is contingent on the occurrence of a specified event, the existence of that right and the occurrence of any such time or event,

(d) if the plaintiff's right to possession arises from the defendant's failure to pay money to the plaintiff, particulars of the date on which the failure began, the amount of money currently unpaid and the method by which that amount has been calculated,

(e) if the plaintiff's right to possession arises from any other act or omission by the defendant, particulars of the date on which the act or omission occurred and the nature of the act or omission,

(f) if the plaintiff's right to possession is not exercisable until the plaintiff has given notice to the defendant of the plaintiff's intention to exercise that right, the date on which, and the terms in which, such notice was given.

(3) The defendant must plead specifically every ground of defence on which he or she relies, including--

(a) any claim for relief against forfeiture, and

(b) any claim for rectification, and

(c) any claim for relief under the Contracts Review Act 1980 ,

and it is not sufficient for a defendant to merely state that he or she is in possession of the land (whether personally or by a tenant) and relies on that possession.