ORDER 8.-PLEADINGS.

Division 1.-Preliminary.

Subdivision A.-Introductory.

1. Application of Division 1. (15/1)

This Division applies to proceedings commenced by writ of summons but, subject to these Rules, not to proceedings commenced by originating summons.

2. Trial without further pleadings. (15/2)

(1) Where, in the opinion of the Court -

(a) the issues between the parties can be defined without further pleadings; or

(b) for any other reason the proceedings can properly be tried without further pleadings,

the Court may on application by a party, order that the proceedings be so tried.

(2) Where the Court makes an order under Sub-rule (1)-

(a) the Court may direct the parties to prepare a statement of the issues or, if the parties do not agree on a statement of the issues, may settle the statement itself; and

(b) the proceedings shall, on the hearing of the application for an order under Sub-rule (1), be before the Court for directions.

(3) Where the Court dismisses an application for an order under Sub-rule (1), the Court may, on application by any party or of its own motion, order that the proceedings be before the Court for directions, either immediately or on such date as the Court may direct.

Subdivision B.-Particular Pleadings.

3. Statement of claim.

Unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ, the plaintiff must file and serve on the defendant or, if there are two or more defendants, on each defendant, a statement of claim and must do so either when the writ, or notice of the writ, is served on that defendant or at any time after service of the writ or notice but before the expiration of 14 days after that defendant gives notice of his intention to defend.

4. Defence. (15/3)

(1) Subject to Sub-rule (2), a defendant shall file and serve on the plaintiff his defence in Form 16 -

(a) where the statement of claim is endorsed on the writ-before the expiry of 14 days after the date of expiry of the time limited for him to give notice of intention to defend; or

(b) where the statement of claim is not endorsed on the Writ-before the expiry of 14 days from the date of service of the statement of claim; or

(c) in the case of a defendant to a cross-claim who is not required to give notice of intention to defend the cross-claim-before the expiry of 21 days after the date of service of the cross-claim on him.

(2) Where, before the date on which a defendant files his defence, a plaintiff serves on that defendant notice of a motion under Order 12 Rule 38 for summary judgement on any claim for relief or part of any claim for relief -

(a) Sub-rule (1) shall not apply to that defendant; but

(b) if, on the motion for summary judgement, the Court does not dispose of all the claims for relief against the defendant the Court may order him to file and serve his defence before the expiry of a time fixed by the Court.

(3) This Rule does not apply to proceedings on a cross-claim for contribution to which Rule 48(2) applies.

5. Reply. (15/4)

(1) Where a defendant serves a defence on a plaintiff and a reply is needed for compliance with Rule 14 or Rule 87 (defamation), the plaintiff shall file and serve the reply in Form 17 before the expiry of 14 days after the date of service on him of the defence.

(2) Where a plaintiff files both a reply and a defence to a cross-claim in Form 18, he shall put them in one document.

6. Rejoinder, etc. (15/5)

A party shall not, except with the leave of the Court, file any pleadings subsequent to a reply.

Subdivision C.-Form and Manner of Pleading.

7. Paragraphs. (15/6)

Where a plaintiff alleges or otherwise deals with several matters -

(a) the pleading shall be divided into paragraphs; and

(b) each matter shall, so far as convenient, be put in a separate paragraph; and

(c) the paragraphs shall be numbered consecutively.

8. Facts, not evidence. (15/7)

(1) A pleading of a party shall contain only a statement in a summary form of the material facts on which he relies, but, [^4]subject to these Rules, not the evidence by which those facts are to be proved.

(2) Sub-rule (1) has effect subject to this Division and to Order 4 Division 2 (originating process) and to Division 2 (particulars).

9. Brevity. (15/8)

A pleading shall be as brief as the name of the case admits.

10. Documents and spoken words. (15/9)

Where any document or spoken words are referred to in a pleading -

(a) the effect of the document or of the spoken words shall, so far as material, be stated; and

(b) the precise terms of the document or spoken words shall not be stated, except so far as those terms are themselves material.

11. Presumed facts. (15/10)

A party need not plead a fact if -

(a) the fact is presumed by law to be true; or

(b) the burden of disproving the fact lies on the other party,

except so far as may be necessary to meet a specific denial of that fact by the other party in his pleading.

12. Condition precedent. (15/11)

Where it is a condition precedent necessary for the case of a party in any pleading that a thing has been done or an event has happened, a statement that the thing has been done or that the event has happened shall be implied in the pleading.

13. Money claims. (15/12)

(1) This Rule applies where the plaintiff claims money payable by the defendant to the plaintiff for -

(a) goods sold and delivered by the plaintiff to the defendant; or

(b) goods bargained and sold by the plaintiff to the defendant; or

(c) work done and materials provided by the plaintiff for the defendant at his request; or

(d) money lent by the plaintiff to the defendant; or

(e) money paid by the plaintiff for the defendant at his request; or

(f) money had and received by the defendant for the use of the plaintiff; or

(g) interest on money due from the defendant to the plaintiff and forborne at interest by the plaintiff to the defendant at his request; or

(h) money found to be due from the defendant to the plaintiff on accounts stated between them.

(2) Subject to Sub-rules (3) and (4) it shall be sufficient to plead the facts in the manner appearing in Sub-rule (1).

(3) The defendant may, within the time limited for filing his defence, file and serve on the plaintiff a notice in Form 19 that the defendant requires the plaintiff to plead the facts on which he relies in accordance with this Division other than this Rule.

(4) Where a defendant files and serves a notice pursuant to Sub-rule (3)-

(a) the plaintiff shall, within 14 days after service of the notice on him, amend his statement of claim so as to plead the facts on which he relies in accordance with this Division other than this Rule; and

(b) the time for the defendant to file his defence shall not expire before the lapse of 14 days after service on him of the amended statement of claim or of notice of the amendments to the statement of claim.

(5) Rules 56, 57 and 58 (mode of amendment and service after amendment) apply to an amendment under this Rule.

(6) A plaintiff may amend his statement of claim under Rule 51 notwithstanding that he had amended it under this Rule.

(7) This Rule does not affect the provisions of Division 2 concerning particulars.

(8) A defendant may add a notice under Sub-rule (3) to his notice of intention to defend.

14. Matters for specific pleading. (15/13)

In a defence or subsequent pleading the party pleading shall plead specifically any matter, for example, performance, release, any statute of limitation, fraud, or any fact showing illegality -

(a) which he alleges makes any claim, defence or other case of the opposite party not maintainable; or

(b) which, if not pleaded specifically, may take the opposite party by surprise; or

(c) which raises matters of fact not arising out of the preceding pleadings.

15. Contributory negligence. (15/14)

A defendant who relies on contributory negligence shall plead the contributory negligence.

16. Possession of land: Defence. (15/15)

In proceedings for the possession of land -

(a) a defendant shall plead specifically every ground of defence on which he relies; and

(b) it shall not be sufficient for a defendant to state that he is in possession of the land by himself or his tenant.

17. New matter. (15/16)

A party may plead any matter notwithstanding that the matter has arisen after the commencement of the proceedings.

18. Departure. (15/17)

A party shall not in any pleading make an allegation of fact, or raise any ground or claim, inconsistent with his own previous pleading.

19. Alternative allegations of fact, etc.

Rule 18 does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative.

20. Points of law. (15/18)

A party may by his pleadings raise any point of law.

Subdivision C1.-Pleading the Underlying Law.

20A. The Underlying Law Act 2000.

(1) Interpretation and application.

a. This Subdivision C1 shall also apply to proceedings commenced by Originating Summons.

b. In this rule terms have the same meaning that they have in the Underlying Law Act 2000.

c. In this rule the term Constitutional rights means the National Goals and Directive Principles and Basic Social Obligations established in the Constitution and the basic rights guaranteed by Division III.3 (Basic Rights) of the Constitution.

(2) Every pleading which does not state whether or not a rule of customary law is applicable shall be deemed to plead that no rule of customary law is applicable.

(3) Where a party pleads that a rule of customary law exists but should not apply that party shall plead the particulars of the rule and whether or not the rule of customary law:

a. Is inconsistent with a written law;

b. Its application or enforcement, would be contrary to the Constitutional rights; and

c. The facts and circumstances on which the party relies to contend that the rule of customary law should not apply.

(4) Where a party pleads that the Court should apply:

a. A rule of customary law, that party shall plead:

i. the particulars of the rule, the source of the rule and the factual circumstances in respect of which the rule is applicable;

ii. the nature and source of the evidence or information which the party will adduce to assist the court;

iii. and shall be deemed to have pleaded:

1. The rule is not inconsistent with the written law;

2. The rule is consistent with the Constitutional rights.

b. A rule of common law, which is not part of the underlying law, that party shall plead:

i. whether any rule of customary law is applicable, and if so, the facts and circumstances on which the party relies to contend that the Court should not apply the rule of customary law;

ii. the rule of common law, the source of the rule (including case citations) and the factual circumstances in respect of which the rule is applicable;

iii. the nature and source of the evidence or information that party will adduce to assist the court;

iv. and the party shall be deemed to have pleaded that the adoption of the proposed rule of common law:

1. Is not inconsistent with the written law; and

2. Is applicable and appropriate to the circumstances of the country, and

3. Is consistent with any applicable rule of the customary law; and

4. Or its application or enforcement, would not be contrary to the Constitutional rights.

c. A new rule of the underlying law, that party shall:

i. be deemed to have pleaded that the written law, the customary law and the underlying law do not apply to the subject matter of the proceeding;

ii. plead the particulars of all of the matters which the party contends the Court should have regard to including;

1. The Constitutional rights;

2. Analogies drawn from the relevant written law and customary law; and

3. The laws of a foreign country relevant to the subject matter of a proceeding.

4. The nature and source of the evidence or information that party will adduce to assist the court.

d. A newly formulated rule of the underlying law that party shall plead:

i. the formulated rule of the underlying law that the party seeks to have applied;

ii the facts and circumstances on which the party relies to contend that a rule of the underlying law is no longer applicable to the circumstances of the country;

iii particulars of all of the matters which the party contends the Court should have regard to including:

1. The Constitutional rights;

2. The laws of a foreign country relevant to the subject matter of a proceeding;

3. The nature and source of the evidence or information that party will adduce to assist the Court.

Subdivision D.-Progress of Pleading.

21. Admissions and traverse. (15/20)

(1) Subject to Sub-rule (3), an allegation of fact made by a party in his pleading shall stand admitted by any opposite party required to plead to that pleading unless it is traversed by that opposite party in his pleading or a joinder of issue under Rule 22 operates as a denial of it.

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

(3) Where a pleading makes an allegation of the suffering of damage, or an allegation of an amount of damages, a pleading to that pleading by an opposite party shall be taken to traverse the allegation, unless the allegation is specifically admitted.

22. Joinder of issue. (15/21)

(1) If there is no reply to a defence, there shall be an implied joinder of issue on that defence.

(2) Subject to Sub-rule (3) -

(a) there shall be, at the close of pleadings, an implied joinder of issue on the pleading last filed; and

(b) a party may in his pleading expressly join issue on the next preceding pleading.

(3) There shall be no joinder of issue on a statement of claim.

(4) A joinder of issue operates as a denial of every allegation of fact made in the pleading on which there is a joinder of issue, unless, in the case of an express joinder of issue, any allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue shall operate as a denial of every other allegation of fact.

23. Close of pleadings. (15/22)

(1) The pleadings on a statement of claim shall, unless the Court otherwise orders, be closed, as between any plaintiff and any defendant, on the date of expiry of the last of the times fixed by or under these Rules for filing a defence or reply or other pleading between those parties on the statement of claim.

(2) Sub-rule (1) shall have effect notwithstanding that, on the date mentioned in that Sub-rule, a request or order for particulars has been made but has not been complied with.

Subdivision E.-General.

24. Defence: Verification. (15/23)

(1) Where a plaintiff, by his statement of claim, makes a claim against a defendant for a liquidated demand, but no other claim, and the statement of claim bears a note requiring the defendant to verify his defence, the defendant shall verify his defence, that is to say, he shall, within the time limited for filing his defence, file an affidavit verifying his defence to the claim in accordance with this Rule.

(2) Subject to Sub-rule (4) the deponent making an affidavit verifying a defence shall, in the affidavit, swear that the defence is true in substance and in fact.

(3) An affidavit verifying a defence may be made -

(a) by the defendant; or

(b) where the defendant is a Minister or officer of the Government of Papua New Guinea sued in his official capacity-by some officer of the Government having knowledge of the facts; or

(c) where the defendant is a corporation or a body of persons which, by law, may be sued (whether in its own name or in the name of any officer or other person) by some member or officer of the corporation or body having knowledge of the facts; or

(d) where the defendant is a disabled person-by his guardian at law.

(4) The Court may, by order, give leave to a defendant to file, instead of an affidavit in accordance with Sub-rules (2) and (3), an affidavit by such deponent and as to such facts in or towards verification of his defence, or instead of verification of his defence, as the Court may determine.

(5) A defendant may apply for an order under Sub-rule (4) without filing or serving notice of the motion.

(6) A defendant filing an affidavit verifying his defence shall, on the day of filing, serve the affidavit and, where the affidavit is filed pursuant to an order under Sub-rule (4), serve the order, on the plaintiff.

(7) The affidavit required by or under this Rule in relation to a defence may be subscribed to the defence.

25. Tender. (15/24)

Where in any proceedings a defence of tender before the commencement of the proceedings is pleaded, the defendant shall bring into Court in accordance with Division 6 the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until the amount has been brought into Court.

26. Set-off. (15/25)

Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by a plaintiff, it may be included in the defence and set off against the plaintiff's claim, whether or not the defendant also cross-claims for that sum of money.

27. Embarrassment, etc. (15/26) (1)

Where a pleading -

(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading; or

(b) has a tendency to cause prejudice, embarrassment or delay in the proceedings; or

(c) is otherwise an abuse of the process of the Court,

the Court may at any stage of the proceedings, on terms or otherwise, order that the whole or any part of the pleading be struck out.

(2) The Court may receive evidence on the hearing of an application for an order under Sub-rule (1).

28. General issue abolished. (15/27)

A party shall not plead the general issue.

Division 2.-Particulars.

29. General. (16/1)

(1) A party pleading shall give the necessary particulars of any claim, defence or other matter pleaded by him.

(2) Rules 30 to 34 do not affect the generality of Sub-rule (1).

30. Fraud, etc. (16/2)

A party pleading shall give particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence on which he relies.

31. Condition of mind. (16/3)

(1) A party pleading any condition of mind shall give particulars of the facts on which he relies.

(2) In Sub-rule (1) condition of mind, includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge.

32. Negligence: Breach of statutory duty. (16/4)

(1) In proceedings on a claim for damages in tort, a party pleading negligence (whether contributory or otherwise) or breach of statutory duty shall give particulars of the matter pleaded.

(2) The particulars required by Sub-rule (1) shall be a statement of the facts, but not of the evidence by which the facts are to be proved, on which the party relies as constituting the negligent act or omission or the breach of statutory duty alleged in the pleading.

(3) If the party relies on more than one negligent act or omission or breach of statutory duty, the particulars required by Sub-rule (1) shall, so far as practicable, state separately each negligent act or omission or breach of statutory duty on which he relies.

33. Particulars to be given in death or personal injuries cases.

(1) Where a claim is made by the plaintiff for damages for breach of duty, and the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person the statement of claim endorsed on the writ of summons shall set forth full particulars of the claim, including -

(a) the date and place of birth of each plaintiff; and

(b) a statement in summary form, of the material facts relied on as giving rise to the cause of action; and

(c) particulars of the injuries alleged to have been sustained by each plaintiff; and

(d) where relevant, a statement in summary form of the medical treatment received by each plaintiff; and

(e) where relevant, a statement as to whether or not with respect to each injured plaintiff that plaintiff has sustained any permanent disability and, if so, particulars of that disability; and

(f) particulars required by any Act under which a claim is brought; and

(g) details of each item of special damages claimed, including wages and other economic loss, both present and future; and

(h) particulars of the alleged negligence of the defendant, where negligence is alleged; and

(i) where relevant, the average weekly earnings (less income tax) of each plaintiff during the months previous to the injury and the period employed during those months; and

(j) where relevant, the average weekly amount which each plaintiff is earning or is able to earn in some suitable employment or business after the injury; and

(k) where relevant, the payment, allowance or benefit received from his employer by each plaintiff during the period of his incapacity; and

(l) where relevant, particulars of the persons dependent on the plaintiff's earnings,

set out, as far as may be practicable, in that order.

(2) The claim shall conclude with a summary of the relief claimed, without quantifying either general damages or costs.

(3) In this rule, personal injuries includes any disease and any impairment of a person's physical, nervous or mental condition.

(4) The particulars of claim referred to in Sub-rule (1) shall, for all purposes of these Rules, be treated as a statement of claim.

(5) Rule 13(3), (4) and (5) shall apply, with appropriate modifications, to the particulars of claim referred to in Sub-rule (1).

34. Out of pocket expenses. (16/5)

Where, in proceedings on a common law claim, a party pleading claims damages which include moneys which he has paid or is liable to pay, he shall give particulars of those moneys.

35. Manner of giving particulars. (16/6)

(1) Where any of Rules 29 to 32 or Rule 34 require particulars of any pleadings to be given, the particulars shall be set out in the pleading or, if that is inconvenient, shall be set out in a separate document referred to in the pleading and that document shall be filed and served with the pleading.

(2) Notwithstanding Sub-rule (1), where the necessary particulars of debt, expenses or damages exceed three folios and have, before the date on which the pleading is filed, been given to the party on whom the pleading is required to be served, and the pleading shows the date on which the particulars were given -

(a) Sub-rule (1) shall not require that the particulars be filed or served; but

(b) the Court may order that a copy of the particulars be filed and served.

36. Order for particulars. (16/7)

(1) The Court may, on terms, order a party to file and serve on any other party -

(a) particulars of any claim, defence or other matters stated in his pleading, or in any affidavit ordered to stand as his pleading; or

(b) a statement of the nature of the case on which he relies.

(2) Without limiting the generality of Sub-rule (1) where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, the Court may, on terms, order that party to file and serve on any other party -

(a) where he alleges knowledge-particulars of the facts on which he relies; and

(b) where he alleges notice-particulars of the notice.

(3) The Court shall not make an order under this Rule before the filing of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the defendant to plead or for some other special reason.

Division 3.-Cross-claims.

37. Application of Division 3.

(1) This Division applies to proceedings commenced by writ of summons.

(2) This Division applies to proceedings commenced by originating summons to such extent and with such modifications as the Court may direct.

38. Commencement.

(1) A party against whom a claim is made in proceedings and who claims relief by way of counter-claim, cross-action, set-off, third party claim or otherwise may make his claim by filing a pleading by way of cross-claim in those proceedings.

(2) A cross-claimant may file a cross-claim within the time fixed for filing his defence.

39. Form.

(1) A cross-claim shall be in Form 20 or 21 as the case requires.

(2) A cross-claim shall be intituled in the proceedings with an addition showing the names of the parties to the cross-claim.

(3) Where a cross-claimant cross-claims solely against a party who claims in the proceedings against the cross-claimant, the cross-claimant may add the cross-claim to his defence.

(4) Where there are two or more cross-claims, the second cross-claim to be filed shall be called the second cross-claim, the third to be filed shall be called the third cross-claim, and so on.

(5) Subject to Rule 27 (embarrassing pleadings and the like), a cross-claimant may, in his cross-claim, plead all or any of the facts on which he relies by reference to the prior pleadings in the proceedings.

(6) A cross-claimant shall, in addition to pleading any other facts on which he relies, plead the facts showing that the claim is one which may be made in the proceedings.

(7) Order 4 Rule 7 (claims for relief in originating process) applies to a cross-claim whether or not the cross-claim is an originating process.

40. Title. (6/3)

On a cross-claim being filed, a document afterwards filed or used in the proceedings shall be intituled in the manner in which the cross-claim is intituled.

41. Directions. (6/4)

(1) A party to the proceedings may, at any time after the filing of a cross-claim, move for directions.

(2) On a motion for directions under this Rule, or on the trial of the cross-claim, the Court may, on such terms as it thinks fit -

(a) make any order or direction which it considers necessary; and

(b) order that any claim, question or issue in or arising on the cross-claim be tried in such manner as the Court may direct; and

(c) give to a defendant to the cross-claim leave to defend the claim on the statement of claim or any other cross-claim in the proceedings, either alone or in addition to any other party; and

(d) give to a defendant to the cross-claim leave to appear at the trial of the claim on the statement of claim or on any other cross-claim in the proceedings and to take such part in the trial as the Court thinks fit; and

(e) dismiss the cross-claim; and

(f) determine the extent to which the cross-claimant and a defendant to the cross-claim shall be bound as between themselves by a judgement (including a judgement by consent or by default) or decision (including a decision by consent) on the claim on the statement of claim or any other cross-claim in the proceedings; and

(g) direct the entry of such judgement as the nature of the case may require; and

(h) give such directions as the Court thinks fit for having the rights and liabilities of the parties determined and enforced, including any order or direction which may be made or given under this Division.

42. Service. (6/5)

(1) Where a defendant to a cross-claim has, on the date of filing the cross-claim, an address for service in the proceedings, the cross-claimant shall, on that date, serve the cross-claim on that defendant to the cross-claim.

(2) Where a defendant to a cross-claim has an address for service in the proceedings, personal service of the cross-claim on him is not required.

(3) Order 6 Rule 14 (cases where filing operates as service) does not apply to the service of a cross-claim.

43. Service of prior pleadings.

(1) Where a defendant to a cross-claim is made a party to the proceedings by the filing of the cross-claim, he may, by notice in Form 22 filed and served on the cross-claimant, require the cross-claimant to serve on him all or any of the pleadings in the proceedings filed before the filing of the cross-claim.

(2) A defendant to a cross-claim may add a notice under Sub-rule (1) to his notice of intention to defend.

(3) Where a notice under Sub-rule (1) is served on a cross-claimant then, unless the Court otherwise orders, he shall, within three days after service of the notice, or such longer time as may be specified in the notice, serve on the defendant to the cross-claim notice of each pleading mentioned in the notice.

44. Conduct of proceedings generally. (6/6)

(1) Subject to this Division, the proceedings on a cross-claim shall follow as nearly as may be the course of proceedings on a writ of summons.

(2) Subject to this Division, and without limiting the generality of Sub-rule (1), these Rules apply to a cross-claim and the proceedings arising from it as they apply to a writ of summons and the proceedings arising from it.

(3) Sub-rules (1) and (2) apply as if -

(a) the cross-claim were a writ of summons; and

(b) the cross-claimant were a plaintiff; and

(c) the defendant to the cross-claim were a defendant.

(4) A plaintiff in a writ of summons need not give notice of intention to defend a cross-claim in the same proceedings.

(5) A notice of intention to defend given by a party to the proceedings shall, on service of a cross-claim on him, operate as a notice of intention to defend the cross-claim.

(6) Subject to this Division, the trial and all other steps in the proceedings on the cross-claim shall as far as practicable be carried on together with the trial and similar steps in the proceedings on the writ of summons.

45. Default of defendant to cross-claim. (6/7)

Where a defendant to a cross-claim does not give notice of an intention to defend the cross-claim or file a defence as required by these Rules, or does not file a defence in accordance with an order to do so, a judgement (including a judgement by default or by consent) or decision (including a decision by consent) on any claim, question or issue in the proceedings on the writ of summons or on any other cross-claim in the proceedings shall, unless the Court otherwise orders, be binding as between the cross-claimant and the defendant to the cross-claim so far as the judgement or decision is relevant to any Claim, question or issue in the proceedings on the cross-claim.

46. Setting aside default judgement. (6/8)

Where a judgement on a cross-claim is entered in default of notice of intention to defend or defence or in consequence of default in compliance with an order or direction of the Court, the Court may, on terms, set aside or vary the judgement.

47. Separate prosecution. (6/9)

A cross-claim may proceed notwithstanding that judgement is entered on the writ of summons or any other cross-claim in the proceedings or that the proceedings on the writ of summons or any other cross-claim are stayed, dismissed or discontinued.

48. Contribution or indemnity. (6/10)

(1) Where a defendant makes a cross-claim for contribution or indemnity in respect of a claim against him in the proceedings -

(a) judgement for the claimant on the cross-claim shall not be entered except by direction of the Court; and

(b) judgement for the claimant on the cross-claim shall not, unless the Court otherwise orders, be enforced by execution until satisfaction of any judgement in the proceedings against the cross-claimant.

(2) Where, in respect of a claim against him in any proceedings, the defendant makes a claim for contribution under Part VIII of the Wrongs (Miscellaneous Provisions) Act (tort-feasors), against a party in the proceedings, a defence to the cross- claim or subsequent pleading on the cross-claim shall not be fined or served unless the Court so directs.

49. Order of contribution. (6/11)

Where in any proceedings -

(a) a party (in this Rule called the first party) stands to be held liable to another party (in this Rule called the second party) to contribute towards any debt or damages which may be recovered against the second party in the proceedings; and

(b) the first party, before the trial, makes an offer to the second party to contribute to a specified extent to the debt or damages, then, if the first party makes the offer without prejudice to his defence, the offer shall not be brought to the attention of the Court until all questions of liability or amount of debt or damages have been decided.

Division 4.-Amendment.

50. General. (20/1)

(1) The Court may, at any stage of any proceedings, on application by any party or of its own motion, order, on terms that any document in the proceedings be amended, or that any party have leave to amend any document in the proceedings, in either case in such manner as the Court thinks fit.

(2) All necessary amendments shall be made for the purpose of determining the real questions raised by or otherwise depending on the proceedings, or of correcting any defect or error in any proceedings, or of avoiding multiplicity of proceedings.

(3) Where there has been a mistake in the name of a party, Sub-rule (1) applies to the person intended to be made a party as if he were a party.

(4) This Rule does not apply to the amendment of a minute of a judgement or order.

51. Amendment of pleading without leave. (20/2)

(1) A party may, without leave, amend any pleading of his once at any time before the pleadings are closed.

(2) Where a plaintiff amends his statement of claim -

(a) if the defendant has filed his defence, he may amend his defence; and

(b) the time for filing his defence or amended defence, as the case may be, shall be either the time fixed by or under these Rules for filing his defence or 14 days after service on him of a notice or document under Rule 58, whichever expires later.

(3) Where a defendant amends his defence -

(a) if the plaintiff has filed a reply, he may amend his reply; and

(b) the time for filing his reply or amended reply, as the case may be, shall be either the time fixed by or under these Rules for filing his reply or 14 days after service on him of a notice or document under Rule 58, whichever expires later.

(4) The rights to amend under Sub-rules (2)(a) and (3)(a) are in addition to the right to amend under Sub-rule (1).

(5) Where -

(a) a party (in this rule called the first party) files a pleading (in this Rule called the first pleading); and

(b) an opposite party files a pleading (in this Rule called the second pleading) in answer (whether by way of defence, reply or otherwise) to the first pleading; and

(c) the first party amends the first pleading; and

(d) the opposite party does not amend the second pleading within the time allowed by this Rule,

then-

(e) the second pleading shall have effect as a pleading in answer to the amended first pleading; and

(f) Rule 22(2)(a) shall not apply, but, if no further pleading between those parties is filed, there shall be, at the close of pleadings, an implied joinder of issue on the second pleading.

52. Disallowance of amendment. (20/3)

(1) Where a party amends his pleading under Rule 51(1), the Court, on application by an opposite party, may, on terms, but subject to Rule 51(2), by order disallow the amendment.

(2) Notice of a motion under Sub-rule (1) shall be filed and served within 14 days after the date of service on the applicant of a notice or document under Rule 58.

(3) Where, on the hearing of an application under Sub-rule (1), the Court is satisfied that, if an application for leave to make the amendment had been made under Rule 50(1) on the date on which the amendment was made under Rule 51(1) the Court would not have given leave to make the whole or some part of the amendment, the Court shall disallow the amendment or that part, as the case may be.

53. Statutes of limitation. (20/4)

(1) Where any relevant period of limitation expires after the date of issue of a writ of summons and after that expiry an application is made under Rule 50 for leave to amend the writ by making the amendment mentioned in any of Sub-rules (2), (3), (4) or (5), the Court may in the circumstances mentioned in that Sub-rule make an order giving leave accordingly, notwithstanding that that period has expired.

(2) Where notice of a motion for leave to make an amendment is filed within 14 days after the date of issuing the writ of summons, the Court may give leave to make the amendment whatever the nature of the amendment may be.

(3) Where there has been a mistake in the name of a party and the Court is satisfied that the mistake was not misleading nor such as to cause reasonable doubt as to the identity of the person intended to be made a party, the Court may make an order for leave to make an amendment to correct the mistake, whether or not the effect of the amendment is to substitute a new party.

(4) Where, on the date of issuing a writ of summons, the plaintiff is entitled to sue in any capacity, the Court may order that the plaintiff have leave to make an amendment having the effect that he sues in that capacity.

(5) Where a plaintiff, in his writ of summons, makes a claim for relief on a cause of action arising out of any facts, the Court may order that he have leave to make an amendment having the effect of adding or substituting a new cause of action arising out of the same or substantially the same facts and a claim for relief on that new cause of action.

(6) This rule has effect in relation to an originating summons as it has effect in relation to a writ of summons.

54. Duration of leave. (20/5)

Subject to Order 1 Rule 15 (extension and abridgement of time), where the Court makes an order under this Division giving a party leave to amend a document, then, if the party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, before the expiration of 14 days after the date on which the order is made, the order shall cease to have effect

55. Mode of amendment: Directions. (20/6)

(1) Where the Court orders, or gives leave for, the making of an amendment, the Court may give such directions as it thinks fit concerning the mode of amendment and consequential service of the amended document or of notice of the amendment.

(2) Rules 56, 57 and 58 have effect subject to Sub-rule (1).

56. Mode of amendment: Simple amendments. (20/7)

(1) Where the amendments authorized under this Division to be made to a document are not so numerous or lengthy or otherwise of such nature as to render the document difficult or inconvenient to read, the amendments may be made by-

(a) filing a notice in Form 23 specifying the amendments and the matters mentioned in Sub-rule (2); and

(b) where the document to be amended has been filed, writing the alterations in the document.

(2) A filed document amended under this Rule shall be marked with a statement specifying the date of the amendment and also, if made pursuant to an order, the date of the order or, if not made pursuant to an order, a reference to the Rule authorizing the amendment.

57. Mode of amendment: Fresh document. (20/8)

Subject to Rule 56(1), amendments authorized under this Division to a filed document shall be made by filing a fresh document, amended as so authorized, and bearing a statement specifying the matters mentioned in Rule 56(2).

58. Service after amendment. (20/9)

Where a document has been served and is afterwards amended, the party making the amendment shall, on the day on which the amendment is made, serve on the parties on whom the document was served -

(a) if the amendment is made under Rule 56-the notice mentioned in Rule 56(1); or

(b) if the amendment is made under Rule 57-the fresh document.

59. Minute of judgement or order. (20/10)

(1) Where there is a clerical mistake in a minute of a judgement or order, or an error in a minute of a judgement or order arising from an accidental slip or omission, the Court, on application by a party or of its own motion, may, at any time, correct the mistake or error.

(2) Rules 56, 57 and 58 do not apply to a correction made under Sub-rule (1).

Division 5.-Withdrawal and Discontinuance.

60. Withdrawal of notice of intention to defend. (21/1)

A party who has given notice of his intention to defend may withdraw the notice at any time with the leave of the Court.

61. Discontinuance. (21/2)

(1) A party making a claim for relief may discontinue proceedings so far as concerns the whole or any part of any claim for relief by him -

(a) where the pleadings are not closed-without leave or consent; and

(b) where judgement has not been entered-with the consent of all other parties; and

(c) at any time-with the leave of the Court.

(2) A party making a claim by originating summons may, with the leave of the Court, discontinue the proceedings at any time so far as concerns the whole or any part of the claim.

62. Withdrawal of defence, reply, etc. (21/3)

(1) A party raising any matter in a defence or subsequent pleading may withdraw that matter at any time.

(2) Sub-rule (1) does not enable a party to withdraw, without the consent of another party or the leave of the Court, an admission or any other matter operating for the benefit of that other party.

63. Terms of leave. (21/4)

The Court may give leave under Rule 61 or 62 on terms.

64. Mode of discontinuance or withdrawal. (21/5)

(1) A discontinuance or withdrawal under Rule 61 or 62 shall be made by filing a notice stating the extent of the discontinuance or withdrawal.

(2) Where the discontinuance or withdrawal is by consent, the notice under Sub-rule (1) must bear the consent of each consenting party.

65. Service. (21/6)

A party filing a notice under Rule 64 shall, on the day of filing, serve the notice on each other party.

66. Effect of discontinuance. (21/7)

A discontinuance under this Division as to any cause of action shall not, subject to the terms of any leave to discontinue, be a defence to proceedings for the same, or substantially the same, cause of action.

67. Stay to secure costs. (21/8)

Where-

(a) a party discontinues proceedings so far as concerns the whole or any part of any claim for relief; and

(b) he is, by reason of the discontinuance, liable to pay the costs of another party occasioned by the proceedings; and

(c) before payment of the costs, he brings against that other party further proceedings on the same or substantially the same cause of action as that on which the discontinued proceedings were brought,

the Court may stay the further proceedings until those costs are paid.

Division 6.-Payment into Court.

68. Interpretation of Division 6. (22/1)

In this Division unless the contrary intention appears -

cause of action means a cause of action for the recovery of debt or damages; trial includes the hearing of a motion for judgement.

69. Bringing money into Court. (22/2)

(1) A defendant may from time to time bring money into Court -

(a) in answer to any one or more causes of action on which a plaintiff claims; and

(b) in addition to money previously brought in under this Rule.

(2) A defendant may bring money into Court under this Division by paying the money into Court or by filing a security in accordance with Rule 81.

70. Defendant to cross-claim. (22/3)

A defendant to a cross-claim may not bring money into Court in answer to a cause of action in respect of which he may, before the trial, make an order of contribution under Rule 49.

71. Notice of deposit. (22/4)

(1) On bringing money into Court under this Division, the defendant shall file a notice of deposit in Form 24.

(2) Where a plaintiff claims on two or more causes of action and a defendant brings money into Court under this Division, the defendant shall, in his notice of payment -

(a) specify the cause or causes of action in answer to which the money is brought in; and

(b) if the defendant allots part of the money to any cause or causes of action, specify the amount of that part and the cause or causes of action to which he allots that part.

72. Order to allot. (22/5)

(1) Where, before the beginning of the trial, a defendant brings money into Court or allots money under this Division in answer to two or more causes of action, the Court may order the defendant to allot the money distributively amongst the causes of action and to file an amended notice of payment accordingly.

(2) For the purposes of Sub-rule (1), a cause of action arising under Part IV of the Wrongs (Miscellaneous Provisions) Act 1962 (wrongful act or neglect causing death) on the death of a person and a cause of action surviving under Part V of that Act (survival of causes of action) on the death of the same person shall be a single cause of action.

73. Abandonment of cross-claim. (22/6)

Where a defendant -

(a) cross-claims against a plaintiff on any cause of action; and

(b) brings money into Court under this Division; and

(c) in bringing the money into Court, takes into account his cause of action against the plaintiff on the cross-claim with a view to its abandonment in case the plaintiff accepts the money,

the defendant shall, in his notice of payment, specify the cause of action on the cross-claim taken into account.

74. Withdrawal by defendant. (22/7)

(1) Subject to Sub-rule (2) a defendant may, with the leave of the Court -

(a) withdraw the whole or any part of money paid into Court by him under this Division; or

(b) withdraw a security filed by him under this Division.

(2) A defendant may not make a withdrawal in respect of any money after the money has been accepted by the plaintiff.

(3) A withdrawal under Sub-rule (1) shall be made by filing a notice of withdrawal of deposit in Form 25.

(4) On the filing of a notice of withdrawal of deposit under Sub-rule (3) the defendant shall be entitled to receive payment of the money or delivery of the security as the case may be.

75. Acceptance by plaintiff. (22/8)

(1) A plaintiff may, within the time fixed by Sub-rules (2), (3) and (4), accept money brought into Court in satisfaction of the cause of action in answer to which the money is brought in, as against the defendant bringing the money into Court.

(2) Where the notice of payment, or last notice of payment, in answer to a cause of action is filed before the beginning of the trial, the plaintiff may accept the money in satisfaction of the cause of action within 14 days after service on him of the notice of payment, or last notice of payment, but before the beginning of the trial, by filing a notice of acceptance in Form 26.

(3) Where the notice of payment, or last notice of payment in answer to a cause of action is filed after the beginning of the trial, or a defendant, by notice served on the plaintiff after the trial begins, confirms a notice of payment, the plaintiff may, subject to Sub-rule (4), accept the money in satisfaction of the cause of action within two days after service on him of the notice or the last notice, by announcement to the Court during the trial or by filing a notice of acceptance in Form 26.

(4) A plaintiff shall not accept money in a case to which Sub-rule (3) applies after the Court gives its decision or begins to give its reasons for decision.

(5) A defendant who serves notice of confirmation under Sub-rule (3) shall file the notice on the day of service in Form 27.

(6) A plaintiff who accepts money by announcement to the Court under Sub-rule (3) shall file a notice of acceptance in Form 26 on the day of the announcement.

(7) Where a plaintiff claims on more than one cause of action and he accepts money brought into Court in answer to some one or more but not all of the causes of action, he may, by filing a notice (which may be combined with his notice of acceptance), abandon all his causes of action other than the cause of action to which the acceptance relates.

(8) Where a plaintiff claims against two or more defendants on a cause of action against them jointly, and he accepts money brought into Court by one or more but not all of those defendants in answer to that cause of action, he may, by filing a notice (which may be combined with his notice of acceptance) abandon his cause of action against the other or all the others of those defendants.

76. Effect of acceptance. (22/9)

(1) On a plaintiff accepting money under Rule 75 in satisfaction of a cause of action as against any defendant bringing money into Court, the proceedings shall be stayed in relation to -

(a) that cause of action, as against that defendant; and

(b) any alternative cause of action against that or any other defendant; and

(c) any cause of action abandoned under Rule 75(7) or (8); and

(d) where the defendant, in bringing the money into Court, has taken into account a cause of action on a cross-claim by him under Rule 73-that cause of action on the cross-claim, as against the plaintiff.

(2) Where a defendant brings money into Court in answer to a cause of action, and the plaintiff accepts the money in satisfaction of the cause of action as against that defendant, the liability of any other person (whether a party to the proceedings or not) jointly with that defendant on the cause of action -

(a) shall be satisfied in the amount of the money accepted; but

(b) shall not be discharged by the acceptance except to the extent of that satisfaction.

(3) A plaintiff who accepts money under Rule 75 shall, subject to Rule 78, be entitled to receive payment of the money, without any order.

77. Withdrawal of acceptance. (22/10)

(1) A plaintiff may, by filing a notice in Form 28, withdraw his acceptance of money brought into Court -

(a) where all or any of the money has been brought into Court by the filing of a security and the money accepted is not paid into Court within seven days after service of notice of the acceptance on the defendant filing the security; or

(b) where the Court gives leave to do so.

(2) On withdrawal of an acceptance all steps in the proceedings taken in consequence of the acceptance shall have such effect only as the Court may direct.

(3) On withdrawal of an acceptance or on the motion for leave to withdraw an acceptance, the Court may -

(a) give directions under Sub-rule (2); and

(b) give directions for restoring the parties as nearly as may be to their positions at the time of the acceptance; and

(c) give directions for the further conduct of the proceedings.

78. Order for payment out after acceptance. (22/11)

(1) Where a plaintiff accepts money in satisfaction of a cause of action, the money shall not be paid out except by order of the Court if -

(a) the plaintiff claims on the cause of action against two or more defendants and any of those defendants does not join in bringing money into Court and does not consent to the payment out; or

(b) the plaintiff claims on an alternative cause of action against a defendant who does not join in bringing the money into Court and does not consent to the payment out; or

(c) the money is brought into Court in answer to a cause of action to which the defendant bringing the money into Court pleads or otherwise properly raises a defence of tender before the commencement of the proceedings; or

(d) the plaintiff accepts the money in satisfaction of a cause of action arising under Part IV. of the Wrongs (Miscellaneous Provisions) Act 1962 (wrongful act or neglect causing death) on the death of a person and in satisfaction of a cause of action surviving under Part V. of that Act (survival of causes of action) on the death of the same person; or

(e) the plaintiff accepts the money in satisfaction of a cause of action arising under Part IV of the Wrongs (Miscellaneous Provisions) Act 1962 and that cause of action is wholly or in part for the benefit of a person other than the plaintiff and that person does not consent to the payment out; or

(f) the plaintiff accepts the money after the beginning of the trial; or

(g) the plaintiff is a disabled person.

(2) On motion for an order under Sub-rule (1), the Court shall, so far as practicable, deal with all the costs of the proceedings.

79. Money not accepted. (22/12)

Where money brought into Court by a defendant is not accepted in accordance with Rule 75 the defendant shall be entitled to receive payment of the money or delivery of the security as the case may require.

80. Non-disclosure. (22/13)

(1) Subject to Sub-rules (2) and (3), the fact that money has been brought into Court -

(a) shall not be pleaded; and

(b) shall not be disclosed to the Court at the trial or hearing of any question of liability or amount of debt or damages until all such questions have been decided.

(2) Sub-rule (1) does not apply where the money has been brought into Court in answer to a cause of action to which the defendant pleads or otherwise properly raises a defence of tender before commencement of the proceedings.

(3) Sub-rule (1)(b) does not apply -

(a) where the plaintiff accepts the money pursuant to Rule 75; or

(b) where the disclosure is necessary for the purpose of an application under this Division.

81. Security. (22/14)

(1) A security filed for the purpose of bringing money into Court under this Division shall be in Form 29 by which an authorized person (whether a party to the proceedings or not) -

(a) is bound to observe the requirements of this Division with respect to a specified sum of money (in this Rule called the money secured); and

(b) gives an address for service.

(2) A person approved by the Court shall be an authorized person for the purposes of this Rule.

(3) A person giving security under this Rule may pay the money secured into Court and -

(a) subject to any order or judgement for interest under this Rule, or for costs, he shall have no further liability on the security in the proceedings; and

(b) the money paid in shall, unless the Court otherwise orders, be dealt with as if brought into Court in place of the security by the party filing the security.

(4) Where a security has been filed, the Court may order the person giving the security to pay, within a time specified in the order, the whole or any part of the money secured into Court or to such person as the Court may direct.

(5) If a person giving a security fails to comply with an order under Sub-rule (4), the Court may -

(a) order the person giving the security to pay into Court, or pay to such person as the Court may direct, interest on the money unpaid until payment at such rate not exceeding 8% yearly as the Court may determine; and

(b) in addition to any other order as to costs which the Court may make, order the person giving the security to pay the costs of any party incurred or thrown away by reason of failure to comply with the order under Sub-rule (4).

(6) The Court may direct the entry of such judgement as the nature of the case may require in favour of any party against the person giving the security for the whole or any part of any money secured or interest or costs the subject of an order under Sub-rule (4) or (5) or for costs.

(7) A party moving for an order or direction under any of Sub-rules (4), (5) and (6) shall serve notice of the motion on the person giving the security and may serve the notice at the address for service specified in the security.

(8) A party filing a security shall, on the day of filing, serve a copy of it on each party interested.

82. Service. (22/15)

A party filing a notice under this Division shall, on the day of filing, serve the notice on each other party on whom the notice has not previously been served.

Division 7.-Defamation.

83. Application of Division 7. (67/1)

This Division applies to proceedings for defamation.

84. Particulars; Publications and innuendo. (67/2)

The particulars required by Rule 29 in relation to a statement of claim shall include -

(a) sufficient particulars of the publications in respect of which the proceedings are brought to enable the publications to be identified; and

(b) where the plaintiff alleges that the matter complained of was used in a defamatory sense other than its ordinary meaning-particulars of the facts and matters on which he relies in support of that sense.

85. Protection, justification and excuse. (67/3)

A defendant shall specifically plead any defence of protection, justification or excuse of law.

86. Particulars of defence. (67/4)

(1) Where a defendant pleads fair comment (whether by way of rolled-up plea or otherwise), the particulars required by Rule 29 shall include -

(a) if, as the basis or part of the basis for the comment, he relies on facts not stated in the matter complained of-particulars stating those facts; and

(b) if, as the basis or part of the basis for the comment, he relies on facts stated in the matter complained of-particulars stating which words in the matter complained of he alleges are statements of fact and on which of those alleged statements he so relies; and

(c) particulars of the facts and matters on which he relies to establish the truth of the facts on which he relies as the basis for the comment.

(2) Where a defendant pleads truth and public benefit, the powers of the Court under Rule 36 shall extend to orders in relation to particulars of the facts and matters on which he relies to establish -

(a) that the publication was made for the public benefit; and

(b) that the matter complained of was true.

87. Pleading and particulars; Want of good faith. (67/5)

Where a plaintiff intends to meet any defence by alleging that the publication of the matter complained of was not in good faith -

(a) the plaintiff shall plead that allegation by way of reply; and

(b) the particulars required by Rule 29 in relation to the reply shall include particulars of the facts and matters from which the absence of good faith is to be inferred.

88. Evidence in mitigation of damages in libel and slander.

In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the Judge, unless seven days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.

89. Payment into Court. (67/6)

Rule 80(1) (non-disclosure of a payment into Court) does not apply to money brought into Court under Section 26 of the Defamation Act 1962.

90. Statement in open Court. (67/7)

(1) Where a plaintiff accepts money brought into Court under Division 6 in satisfaction of a cause of action for defamation he may, with the leave of the Court, make in open Court a statement approved by the Court in private.

(2) Where proceedings are settled before trial a party may, with the leave of the Court, make in open Court a statement approved by the Court in private.

91. Interrogatories. (67/8)

Interrogatories as to the sources of information or grounds of belief of the defendant shall not be allowed on an issue

(a) whether the whole or any part of the matter complained of was fair comment; or

(b) whether the publication by the defendant of the matter complained of was in good faith.