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Court Procedures Rules
443Pleadings—defence to personal injury claims
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443 Pleadings—defence to personal injury claims
(1) This rule applies to a defence to an originating claim that includes a
claim for damages for personal injury.
(2) The defendant must, in the defence, specifically admit or deny every
material allegation of fact in the originating claim and statement of
claim, including any allegation by way of particulars.
Answering pleadings Division 2.6.5
Rule 444
(3) The allegation is taken to be admitted if the defendant does not
comply with subrule (2) in relation to it.
(4) A statement in the defence that the defendant does not know and
therefore cannot admit a fact alleged in the originating claim or
statement is taken to be a denial.
(5) If the defendant wishes to prove a version of facts different from that
alleged in the originating claim or statement of claim, the defendant
must plead that version in the defence.
(6) The defendant must plead every ground of defence to be relied on,
together with the facts necessary to establish each ground.