sec.166Denials and non-admissions

### sec.166 Denials and non-admissions An allegation of fact made by a party in a pleading is taken to be admitted by an opposite party required to plead to the pleading unless— the allegation is denied or stated to be not admitted by the opposite party in a pleading; or rule 168 applies. However, there is no admission under subrule (1) because of a failure to plead by a party who is, or was at the time of the failure to plead, a person under a legal incapacity. A party may plead a non-admission only if— the party has made inquiries to find out whether the allegation is true or untrue; and the inquiries for an allegation are reasonable having regard to the time limited for filing and serving the defence or other pleading in which the denial or non-admission of the allegation is contained; and the party remains uncertain as to the truth or falsity of the allegation. A party’s denial or non-admission of an allegation of fact must be accompanied by a direct explanation for the party’s belief that the allegation is untrue or can not be admitted. If a party’s denial or non-admission of an allegation does not comply with subrule (4) , the party is taken to have admitted the allegation. A party making a non-admission remains obliged to make any further inquiries that may become reasonable and, if the results of the inquiries make possible the admission or denial of an allegation, to amend the pleading appropriately. A denial contained in the same paragraph as other denials is sufficient if it is a specific denial of the allegation in response to which it is pleaded. (sec.166-ssec.1) An allegation of fact made by a party in a pleading is taken to be admitted by an opposite party required to plead to the pleading unless— the allegation is denied or stated to be not admitted by the opposite party in a pleading; or rule 168 applies. (sec.166-ssec.2) However, there is no admission under subrule (1) because of a failure to plead by a party who is, or was at the time of the failure to plead, a person under a legal incapacity. (sec.166-ssec.3) A party may plead a non-admission only if— the party has made inquiries to find out whether the allegation is true or untrue; and the inquiries for an allegation are reasonable having regard to the time limited for filing and serving the defence or other pleading in which the denial or non-admission of the allegation is contained; and the party remains uncertain as to the truth or falsity of the allegation. (sec.166-ssec.4) A party’s denial or non-admission of an allegation of fact must be accompanied by a direct explanation for the party’s belief that the allegation is untrue or can not be admitted. (sec.166-ssec.5) If a party’s denial or non-admission of an allegation does not comply with subrule (4) , the party is taken to have admitted the allegation. (sec.166-ssec.6) A party making a non-admission remains obliged to make any further inquiries that may become reasonable and, if the results of the inquiries make possible the admission or denial of an allegation, to amend the pleading appropriately. (sec.166-ssec.7) A denial contained in the same paragraph as other denials is sufficient if it is a specific denial of the allegation in response to which it is pleaded. - (a) the allegation is denied or stated to be not admitted by the opposite party in a pleading; or - (b) rule 168 applies. - (a) the party has made inquiries to find out whether the allegation is true or untrue; and - (b) the inquiries for an allegation are reasonable having regard to the time limited for filing and serving the defence or other pleading in which the denial or non-admission of the allegation is contained; and - (c) the party remains uncertain as to the truth or falsity of the allegation.