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RULE 10
DEFENCES; FILING AND SERVICE; SETTING ASIDE ORIGINATING DOCUMENT

Analysis



The defence

10.01. (1) A defence shall be in Form 10.01A and shall specify,

             (a)  in the case of a defendant defending in person, the address of his or her place of residence and, if his or her place of residence is not within the jurisdiction or if the person has no place of residence, the address of a place within the jurisdiction at or to which documents for the person may be delivered or sent; and

             (b)  in the case of a defendant defended by a solicitor, a business address of the defendant's solicitor within the jurisdiction,

and where the defendant defends in person, the address within the jurisdiction specified under rule 10.01(1)(a) shall be his or her address for service, but otherwise his or her solicitor's business address shall be his or her address for service.

             (2)  When a defendant or the defendant's solicitor fails to give an address as required by rule 10.01(1) or if a defendant or the defendant's solicitor gives an address that is not genuine, the Court may set aside the defence.

1986 c42 Sch D rule 10.01

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Filing a defence

10.02. (1) When a defendant is served with a statement of claim in Form 5.03A the defendant shall, within ten days after service thereof on the defendant, or within such time as the Court may order, or rule 14.23(2) provides, file a defence and copy with the Court.

             (2)  A defendant, that is a body corporate, shall file its defence by a solicitor.

             (3)  Two or more defendants, who are defended by the same solicitor, need file only one defence.

1986 c42 Sch D rule 10.02; 36/14 s15

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Duty of Registrar on filing defence

10.03. Upon receipt of a defence and copy, the Registrar shall

             (a)  insert on the defence and copy, the file number and date of filing; and

             (b)  file the defence in the Registry.

1986 c42 Sch D rule 10.03

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Service of defence

10.04. A defendant shall serve a copy of the defence on the plaintiff in accordance with rule 6.11.

9/03 s4

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Application to set aside originating document, etc.

10.05. (1) A defendant may, at any time before filing a defence or appearing on an application, apply to the Court for an order

             (a)  setting aside the originating document or service thereof on the defendant;

             (b)  declaring that the originating document has not been duly served on the defendant;

             (c)  setting aside any order giving leave to serve the originating document on the defendant; or

             (d)  extending the time for filing a defence or appearing on an application.

             (2)  The application to the Court for an order referred to in rule 10.05(1) shall not be deemed to be a submission to the jurisdiction of the Court.

1986 c42 Sch D rule 10.05; 209/87 s2; 9/03 s4