sec.178Counterclaim against additional party

### sec.178 Counterclaim against additional party A defendant may make a counterclaim against a person other than the plaintiff (whether or not already a party to the proceeding) if— the plaintiff is also made a party to the counterclaim; and either— the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding. If a defendant counterclaims against a person who is not a party to the original proceeding, the defendant must— make the counterclaim; and serve the defence and counterclaim and the plaintiff’s statement of claim on the person within the time allowed for service on a plaintiff. A person not a party to the original proceeding who is included as a defendant to a counterclaim becomes a party to the proceeding on being served with the defence and counterclaim. If a defendant makes a counterclaim against a person not a party to the original proceeding, chapters 2, 4 and 5 and chapter 9 , part 1 apply as if— the counterclaim were a proceeding started by a claim; and the party making the counterclaim were a plaintiff; and the party against whom the counterclaim is made were a defendant. (sec.178-ssec.1) A defendant may make a counterclaim against a person other than the plaintiff (whether or not already a party to the proceeding) if— the plaintiff is also made a party to the counterclaim; and either— the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding. (sec.178-ssec.2) If a defendant counterclaims against a person who is not a party to the original proceeding, the defendant must— make the counterclaim; and serve the defence and counterclaim and the plaintiff’s statement of claim on the person within the time allowed for service on a plaintiff. (sec.178-ssec.3) A person not a party to the original proceeding who is included as a defendant to a counterclaim becomes a party to the proceeding on being served with the defence and counterclaim. (sec.178-ssec.4) If a defendant makes a counterclaim against a person not a party to the original proceeding, chapters 2, 4 and 5 and chapter 9 , part 1 apply as if— the counterclaim were a proceeding started by a claim; and the party making the counterclaim were a plaintiff; and the party against whom the counterclaim is made were a defendant. - (a) the plaintiff is also made a party to the counterclaim; and - (b) either— (i) the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or (ii) the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding. - (i) the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or - (ii) the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding. - (i) the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or - (ii) the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding. - (a) make the counterclaim; and - (b) serve the defence and counterclaim and the plaintiff’s statement of claim on the person within the time allowed for service on a plaintiff. - (a) the counterclaim were a proceeding started by a claim; and - (b) the party making the counterclaim were a plaintiff; and - (c) the party against whom the counterclaim is made were a defendant.