59Copies of original claim particulars and replies to accompany new cross-claim statement of claim

#### 59 Copies of original claim particulars and replies to accompany new cross-claim statement of claim 59 Copies of original claim particulars and replies to accompany new cross-claim statement of claim > > (1) The initiating defendant must serve with the statement of claim for the new cross-claim copies of each of the following— > > > > > (a) the statement of particulars of the plaintiff on the original claim, and > > > > > (b) the replies of each of the original claim defendants to the original claim, and > > > > > (c) an appropriately revised version of Part 8 of Form 2 of the initiating defendant’s reply to the original claim against the defendant, and > > > > > (d) any agreement among the original claim defendants as to the contribution that each is liable to make to damages recovered on the original claim, and > > > > > (e) any determination by a Contributions Assessor as to the contribution that the original claim defendants are liable to make to damages recovered on the original claim. > > > (2) If the plaintiff on the original claim did not file and serve a statement of particulars of the plaintiff’s claim, the initiating defendant must (instead of serving a copy of the plaintiff’s statement of particulars with the statement of claim for the new cross-claim) provide and serve with the statement of claim for the new cross-claim a statement that provides sufficient particulars of the original claim, based on information provided by the plaintiff in the plaintiff’s statement of claim on the original claim and any other information provided by the plaintiff. > > > (3) If the Tribunal determines that the initiating defendant failed to provide sufficient particulars of the original claim as required by subclause (2) and that as a result an issue was left in dispute between the initiating defendant and a new defendant in proceedings on the new cross-claim (being an issue subsequently determined in favour of the new defendant), the initiating defendant is liable to pay the new defendant’s costs, assessed on an indemnity basis, occasioned by the dispute.