10Law and equity to be administered concurrently

10 Law and equity to be administered concurrently

Subject to the express provisions of any other Act, in every cause or matter commenced in the Court, law and equity shall be administered according to the following provisions of this section:

(1)  If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim whatsoever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right which heretofore could only have been given by the Court in its jurisdiction in equity, the Court or judge shall give to such plaintiff or petitioner the same relief as ought to have been given by the Court in its jurisdiction in equity in a suit or proceeding for the like purpose properly instituted before the commencement of this Act.

(2)  If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in the cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the Court or judge shall give to every equitable estate, right, or ground of relief so claimed, and to every equitable defence so alleged, the same effect, by way of defence against the claim of such plaintiff or petitioner, as the Court in its jurisdiction in equity ought to have given if the like matters had been relied on by way of defence in any suit or proceeding instituted for the like purpose before the passing of the Legal Procedure Act 1903 .

(3)  –

(a) The Court and every judge thereof shall also have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right, or title claimed or asserted by him –

(i) all such relief against any plaintiff or petitioner as such defendant shall have properly claimed by his pleading, and as the Court or a judge thereof might have granted in any suit instituted for that purpose by that defendant against the same plaintiff or petitioner; and

(ii) all such relief relating to or connected with the original subject of the cause or matter, claimed in like manner against any other person, whether already a party to the same cause or matter or not, who has been duly served with notice in writing of such claim pursuant to the or any order of the Court, as might properly have been granted against that person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose;