What is a defence and counterclaim?
Defend a claim for a specified amount of money if you dispute it, or make a counterclaim for money you think the claimant owes you.
How long do you have to file a defence to counterclaim?
within 14 days
TIME FOR SERVICE OF THE DEFENCE TO COUNTERCLAIM The Defence to Counterclaim must be served within 14 days of service of the Counterclaim (20.3. 3).
What is Judgement in default of appearance?
A Judgment in Default of Appearance (JID), known as Penghakiman Ingkar Kehadiran in Bahasa Malaysia is a judgment entered against the Defendant after the Court is satisfied that a Writ of Summons or an Originating Summons has been duly served onto the Defendant but the Defendant has failed to physically appear or file …
What can I counterclaim for?
The counterclaim can be for whatever sum of money you think appropriate. If a counterclaim results in the claim becoming more complex, the court may order that the case be removed from the small claim procedure and dealt with as a summary cause.
Can you serve a reply to the defence to counterclaim?
3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply. 3.2A Rule 15.8(a) provides that a claimant must file any reply with his directions questionnaire.
When is a reply to a counterclaim not required?
If the Defence does not contain a counterclaim a Reply is not mandatory. If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory.
What are the rules for drafting a defence to counterclaim?
“10.1 Rule 16.5 deals with the contents of the defence. 10.2 A defendant should deal with every allegation in accordance with rule 16.5 (1) and (2). 10.3 Rule 16.5 (3), (4) and (5) sets out the consequences of not dealing with an allegation. [ … ].” The First Defendant says that the defence to counterclaim does not comply with these rules.
Can a defendant make a counterclaim against a claimant?
(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim. (b) at any other time with the court’s permission. (Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).
How did judgment come to be entered on the counterclaim?
The way in which judgment came to be entered on the counterclaim is surprising, primarily because of the claimant’s inactivity. No reply and defence to counterclaim was served. The defendant made a specific application for judgment on the counterclaim.