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Court Procedures Rules
20Meaning of plaintiff and defendant
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20 Meaning of plaintiff and defendant
(1) For a proceeding (other than an application in the proceeding or a
proceeding on a counterclaim or third-party notice)—
(a) a reference in these rules to the plaintiff is a reference to the
party claiming relief; and
(b) a reference in these rules to the defendant is a reference to the
party against whom relief is sought or who otherwise responds
to the originating process.
Note 1 Third-party notice includes a fourth-party notice, a fifth-party notice etc
(see r 322 (2) (c)).
Note 2 Rule 6007 (Application in proceeding—contents) requires an application
in a proceeding to identify the person making the application and each
person against whom relief is sought.
(2) For a proceeding on a counterclaim or third-party notice (the
process)—
(a) a reference in these rules to the plaintiff includes a reference to
the party who files and serves the process; and
(b) a reference in these rules to the defendant includes a reference
to the person on whom the process is served.
Rule 22