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Uniform Civil Procedure Rules 1999
sec.155Damages
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### sec.155 Damages
If damages are claimed in a pleading, the pleading must state the nature and amount of the damages claimed.
Without limiting rule 150 (1) (b) , a party claiming general damages must include the following particulars in the party’s pleading—
the nature of the loss or damage suffered;
the exact circumstances in which the loss or damage was suffered;
the basis on which the amount claimed has been worked out or estimated.
If practicable, the party must also plead each type of general damages and state the nature of the damages claimed for each type.
In addition, a party claiming damages must specifically plead any matter relating to the assessment of damages that, if not pleaded, may take an opposing party by surprise.
(sec.155-ssec.1) If damages are claimed in a pleading, the pleading must state the nature and amount of the damages claimed.
(sec.155-ssec.2) Without limiting rule 150 (1) (b) , a party claiming general damages must include the following particulars in the party’s pleading— the nature of the loss or damage suffered; the exact circumstances in which the loss or damage was suffered; the basis on which the amount claimed has been worked out or estimated.
(sec.155-ssec.3) If practicable, the party must also plead each type of general damages and state the nature of the damages claimed for each type.
(sec.155-ssec.4) In addition, a party claiming damages must specifically plead any matter relating to the assessment of damages that, if not pleaded, may take an opposing party by surprise.
- (a) the nature of the loss or damage suffered;
- (b) the exact circumstances in which the loss or damage was suffered;
- (c) the basis on which the amount claimed has been worked out or estimated.