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Court Procedures Rules
447Pleadings—allegations admitted unless denied etc
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447 Pleadings—allegations admitted unless denied etc
(1) An allegation of fact made by a party in a pleading is taken to be
admitted by any opposite party required to plead in response unless,
either expressly or by necessary implication—
(a) it is denied in the pleading of the opposite party; or
(b) it is stated to be not admitted in the pleading of the opposite
(c) a joinder of issue under rule 482 (Pleadings—joinder of issue)
operates as a denial of the allegation.
Note Rule 441 (3) (Pleadings—denials and non-admissions) provides that a
pleading in response to a pleading that alleges damage or damages is
taken to deny the allegation unless it specifically admits the allegation.
(2) However, there is no admission under subrule (1) because of a failure
to plead by a party who is, or was at the time of the failure to plead, a
person with a legal disability.
Special defences Division 2.6.6
Rule 448