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7 Multiple Parties

Too many defendants in the one proceeding this has

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too many defendants in the one proceeding . This has led to a number of apparently insoluble problems, the first of which is that of embarrassment.
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Bongiorno J continued The fact that a defendant has to grapple with a document as long as the SoC with perhaps a further 2000 or so paragraphs of particulars, is, in itself, embarrassing. The search for the case made against a single individual is a daunting one for trained litigation lawyers. It would be extremely difficult ever to be completely certain that an important allegation had not been overlooked or that the case was understood as intended. An individual defendant is at an even greater
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Joinder by Defendant: Set-off Joinder by Defendant: Set-off Set off: a statutory defence to P’s action: r 13.14 Def. can rely on money claim against Plaintiff as a defence to the whole/part of Plaintiff’s money claim Def. sets off their money claim against the amount claimed by Plaintiff. A set-off is a shield Single judgment.
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Set-off Set-off cont. cont. Def can’t get judgment for any sum in excess of plaintiff’s claim. If plaintiff discontinues his/her action, set-off ceases to exist i.e. unlike counterclaim it has no independent life.
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Joinder by Defendant: Counterclaim Joinder by Defendant: Counterclaim Defendant who has a claim against a Plaintiff may counterclaim: r 10.02(1) This is how a defendant can add further issues into the proceedings. Applies as if Plaintiff were Defendant & Defendant were Plaintiff: r 10.02(2) Pleaded in a document called a Defence and Counterclaim: r 10.02(3). Leads to 2 judgements
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Counterclaim Counterclaim Counterclaim is a sword not a shield, i.e. a wholly independent claim as opposed to a defence to the plaintiff's claim. Filing fee! Counterclaim can also join other persons i.e. not limited to a claim against the plaintiff. Not limited to set-off – see next slides
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Third Party Procedure A Defendant may argue:- any default on its part was due to the conduct of other persons; its liabilities should have been met by other persons; or subject matter of the proceedings connected with its claims against another person. Key distinction:- whether the person against whom the Defendant is claiming is already a party to the proceedings. If not, then use third party procedure provided for in the Rules.
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Third Party Procedure: r 11.01 Where D claims against someone not already a party to the proceeding (the 3 rd party ): a) any contribution or indemnity; b) any relief/remedy relating to or connected with the original subject- matter of the proceeding & substantially the same as some relief/remedy claimed by Plaintiff; or c) that any question relating to/connected with the original subject-matter of the proceeding should be determined not only as between Plaintiff & Def rd party – Def may join 3 rd party as a party by filing & serving a third party notice.
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Third Party Notice
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too many defendants in the one proceeding This has led to a...

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