SCR o 10 - Counterclaim

Question 1

10.02 When counterclaim allowed

Answer 1

A defendant who has a claim against the plaintiff may counterclaim in the proceeding.

A defendant who counterclaims shall plead the defendant’s defence and the counterclaim in one document called a defence and counterclaim.

Rule 9.01 (Joinder of claims) applies to a counterclaim as if the plaintiff were the defendant and the defendant were the plaintiff.

Question 2

10.03 Counterclaim against plaintiff and another person

Answer 2

A defendant may join any other person - whether party to the proceeding or not - with the plaintiff as defendant to the counterclaim, if that person could be properly joined with the plaintiff as a party were separate proceedings brought.

Question 3

10.06 Counterclaim inconvenient

Answer 3

Where a counterclaim may:

• embarrass or delay the trial of the claim of the plaintiff or
• cause prejudice to any party or otherwise can’t conveniently be tried with that claim,

the Court may—

• order separate trials of the counterclaim and the claim of the plaintiff;
• order that any claim included in the counterclaim be excluded

etc