266Filing and delivery of defence

266 Filing and delivery of defence

(1)  [Rule 266 Subrule (1) amended by S.R. 2006, No. 25, Applied:01 May 2006] Unless a plaintiff has made an application for judgment under Division 3 of Part 11 , the defendant is to file and deliver a defence to a statement of claim within 21 days after whichever of the following is the later:

(a) after the time of the delivery of the statement of claim;

(b) after the time limited for filing a notice of appearance.

(2)  If an application under rule 356 is dismissed or an order is made under rule 359(4) granting leave to defend, the defendant is to file and deliver a defence within –

(a) 8 days after the making of the order; or

(b) any other period fixed by the order.

(3)  If a statement of claim is filed in default under rule 353(2) , the defendant, after filing a notice of appearance, may file and deliver a defence within 8 days after filing of the statement of claim.