456Pleadings—defence of set-off

456 Pleadings—defence of set-off (1) A defendant may rely on set-off (whether or not of an ascertained amount) as a defence to all or part of a claim made by the plaintiff, whether or not it is also included as a counterclaim.

Rule 460 (2) If the amount of a set-off is more than the amount of the claim against which it is set off, then, whether or not the set-off is pleaded as a counterclaim— (a) the set-off may be treated as a counterclaim; and (b) the court may give judgment for the amount of the difference or give the defendant other relief to which it considers the defendant is entitled. Examples of other relief injunction, or stay, if within the court’s jurisdiction (3) Despite subrules (1) and (2)— (a) if the court considers that dealing with a set-off in a proceeding would unfairly prejudice a party, embarrass or delay the hearing of the proceeding or be otherwise inconvenient, it may, by order, set aside a defence or counterclaim in the proceeding by way of set-off and may order that the set-off be dealt with in a separate hearing; or (b) if the court considers a set-off should not be allowed, it may, by order, set aside a defence or counterclaim by way of set-off.