74Set off etc

#### 74 Set off etc 74 Set off etc > > (1) Where, in an action (in this section called the principal action), a claim is made by way of set off, counterclaim or cross action, the claim, for the purposes of this Act— > > > > > (a) is a separate action, and > > > > > (b) is, as against a person against whom the claim is made, brought on the only or earlier of such of the following dates as are applicable— > > > > > > > (i) the date on which the person becomes a party to the principal action, and > > > > > > > (ii) the date on which the person becomes a party to the claim. > > > (2) This section extends to a claim by way of set off made by a defendant under the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), even if one or more of the debts giving rise to the set off became due and payable after the date on which the defendant became a party to the principal action, so long as at least one of those debts became due and payable on or before that date. > > **s 74:** Am 2005 No 28, Sch 5.29 \[1\].