LIMITATION ACT 2005 - SECT 81

LIMITATION ACT 2005 - SECT 81

81 .         Counterclaims — commencement

        (1)         A counterclaim in an action (except a counterclaim solely by way of defence) is, for the purposes of this Act, a separate action.

        (2)         If a defendant in an action makes a counterclaim against a plaintiff in the action the counterclaim is to be taken to have commenced as against the plaintiff when the defendant became a party to the action.

        (3)         If a defendant in an action makes a counterclaim against a plaintiff in the action and then joins another person as a party against whom the counterclaim is made the counterclaim is to be taken to have commenced as against the other person when the other person is joined as a party to the counterclaim.