UNIFORM CIVIL PROCEDURE RULES 1999 - REG 178
Counterclaim against additional party
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 178
Counterclaim against additional party
178 Counterclaim against additional party
(1) A defendant may make a
counterclaim against a person other than the plaintiff (whether or not already
a party to the proceeding) if—
(a) the plaintiff is also made a party to the
counterclaim; and
(b) either—
(i) the defendant alleges that the other
person is liable with the plaintiff for the subject matter of the
counterclaim; or
(ii) the defendant claims against the other person relief
relating to or connected with the original subject matter of the proceeding.
(2) If a defendant counterclaims against a person who is not a party to the
original proceeding, the defendant must—
(a) make the counterclaim; and
(b)
serve the defence and counterclaim and the plaintiff’s statement of claim on
the person within the time allowed for service on a plaintiff.
(3) A person
not a party to the original proceeding who is included as a defendant to a
counterclaim becomes a party to the proceeding on being served with the
defence and counterclaim.
(4) If a defendant makes a counterclaim against a
person not a party to the original proceeding, chapters 2, 4 and 5 and chapter
9 , part 1 apply as if—
(a) the counterclaim were a proceeding started by a
claim; and
(b) the party making the counterclaim were a plaintiff; and
(c)
the party against whom the counterclaim is made were a defendant.
