ACTIn ForceAct
Civil Law (Wrongs) Act 2002
54Respondent’s response to notice of claim
Start here
Get a plain-English read of 54
Turn the raw legal text into a practical explanation grounded in Civil Law (Wrongs) Act 2002.
54 Respondent’s response to notice of claim
(1) This section applies if a respondent—
(a) considers the respondent to be properly a respondent to a claim;
or
(b) is told under section 52 (2) (b) or (4) (b) (Preliminary response
to claimant) that the claimant considers the respondent to be
properly a respondent to a claim.
(2) The respondent must, within the required period, give the claimant
written notice (a response)—
(a) stating whether the respondent is satisfied that the notice is a
complying notice of claim; and
(b) if the respondent is not satisfied—identifying the
noncompliance and stating whether the respondent waives
compliance with the requirements; and
(c) if the respondent does not waive compliance with the
requirements—allowing the claimant a reasonable period, of at
least 1 month, stated in the response to—
(i) satisfy the respondent that the claimant has complied with
the requirements; or
(ii) take reasonable action stated in the response to remedy the
(3) If the respondent does not give a response within the required period,
the respondent is conclusively presumed to be satisfied that the notice
is a complying notice of claim.
(4) If subsection (2) (c) applies, the respondent must, within 1 month
after the day the period stated in the response ends, give the claimant
a written notice—
(a) stating that the respondent is satisfied the claimant has complied
with the relevant requirements, is satisfied with the action taken
by the claimant to remedy the noncompliance, or waives the
noncompliance; or
(b) stating that the respondent is not satisfied that the claimant has
taken reasonable action to remedy the noncompliance, and
giving full particulars of the noncompliance and the claimant’s
failure to remedy it.
required period means—
(a) if the respondent responds directly to the claimant under this
section as mentioned in section 52 (1) (a)—the period applying
under section 52 (1); and
(b) in any other case—
(i) the period prescribed by regulation; or
(ii) if no period is prescribed, the later of the following:
(A) if the respondent gives notice to the claimant under
section 52 (3) (a)—1 month after the day the
respondent is given the further information under
section 52 (2) (a);
(B) if the claimant tells the respondent under
section 52 (2) (b) or (4) (b) that the claimant considers
the respondent to be properly a respondent to the
claim—1 month after the day the claimant tells the
respondent under that paragraph.