Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 13.07

Matter which must be pleaded

    (1)     A party shall, in a pleading subsequent to a statement of claim, plead specifically a fact or matter which:

        (a)     the party alleges makes a claim or defence of the opposite party not maintainable;

        (b)     if not pleaded specifically, might take the opposite party by surprise; or

        (c)     raises a question of fact not arising out of the preceeding pleading.

    (2)     In a proceeding for the recovery of land:

        (a)     the endorsement of a claim on the writ or, if that endorsement does not constitute a statement of claim, the statement of claim, shall describe the land so that it is physically identifiable; and

        (b)     the defendant shall plead specifically every ground of defence on which he relies and a plea that he is in possession of the land by himself or his tenant is not sufficient.

    (3)     A claim for exemplary damages shall be specifically pleaded together with the facts on which the party pleading relies.



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