UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.26 Admission and traverse from pleadings

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.26

14.26 Admission and traverse from pleadings

(cf SCR Part 15, rule 20, Part 63, rule 9; DCR Part 9, rule 14, Part 45, rule 9)

(1) An allegation of fact made by a party in a pleading is taken to be admitted by any opposite party required to plead in response unless--

(a) in the pleading in response, the opposite party traverses the allegation, or

(b) a joinder of issues under rule 14.27 operates as a denial of the allegation.

(2) A traverse may be made by denial or by a statement of non-admission, either expressly or by necessary implication, and either generally or as to any particular allegation.

(3) Despite subrule (1), a pleading in response to a pleading that alleges the suffering of damage or an amount of damages is taken to traverse the allegation unless it specifically admits the allegation.

(4) Subrule (1) does not apply to an opposite party who is a person under a legal incapacity.