52Third party claims

### 52 Third party claims > > (1)  [*\[Rule 52 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013\]*](/view/html/inforce/2013-09-04/sr-2013-069#GS37@EN) A defendant may claim indemnity or contribution from another person by filing a claim against a third party in an approved form. > > > (2)  A third party claim is to be – > > > > > > (a) [*\[Rule 52 Subrule (2) amended by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS8@Hpa@EN) filed at the same time the defence is filed, unless the Court grants leave under [subrule (2A)](#GS52@Gs2A@EN) ; and > > > > > > > (b) served by the defendant, together with a copy of the claim that commenced the action, on all other parties. > > > (2A)  [*\[Rule 52 Subrule (2A) inserted by S.R. 2003, No. 17, Applied:09 Apr 2003\]*](/view/html/inforce/2003-04-09/sr-2003-017#GS8@Hpb@EN) The Court may grant leave to file a third party claim after a defence is filed if the justice of the case so requires. > > > (3)  A third party may plead to the claim commencing the action. > > > (4)  A defendant or third party, with the leave of the Court, may join any action that is related to the claimant's action. > > > (5)  Any party may apply to the Court for directions in respect of a third party claim. > > > (6)  A third party to an action – > > > > > > (a) is a party to the action; and > > > > > > > (b) has the same rights, duties and obligations it would have had if an action were brought against it by the defendant.