(1) A respondent may make a cross-claim against a person other than the
applicant (whether or not already a party to the proceeding) if:
- (a)
- the
applicant is also made a party to the cross-claim; and
(b) either:
- (i)
- the respondent alleges that the other person is liable with
the applicant for the subject matter of the cross-claim; or
- (ii)
- the respondent claims against the other person relief relating to or
connected with the subject matter of the original proceeding.
- (2)
- If a respondent makes a cross-claim against a person who is not a party to
the original proceeding, the respondent must serve the response and
cross-claim and the applicant's application on the person.
- (3)
- A person who is not a party to the original proceeding and is included as
a respondent to a cross-claim becomes a party to the proceeding on being
served with the response and cross-claim.
(4) If a respondent makes a
cross-claim against a person who is not a party to the original proceeding,
these Rules apply as if:
- (a)
- the cross-claim were an application; and
- (b)
- the party making the cross-claim were an applicant; and
- (c)
- the party against whom the cross-claim is made were a respondent.