Third party procedure (Seeking contribution or indemnity) – Order 11 Flashcards
What is the third party procedure for?
A D may seek to join a director, insurer, concurrent tortfeasor, employer, employee under this provision. D may be in a better position than P to know who is liable and who had involvement in the alleged misconduct or the issue might exclusively arise between D and third party (where third party is vicariously liable or has indemnified D).
What is the purpose of the third party notice?
The purpose of TPN is to avoid inconsistent decision on facts, limitation periods and allows other parties to participate.
What can a D claim from a third party?
Where defendant wants to claim from a third party (ie not party to proceeding) - r11.01
* Any contribution or indemnity;
* Any relief or remedy relating to or connected with original subject matter and substantially same as some relief or remedy claimed by the plaintiff; or
* Question relating to the original subject matter that should be determined not only as between P & D but also as between either both of them and third party
How can a D join a third party?
MAY join the third party by filing a TPN.
Filing & service
* Must be in Form 11A, and indorsed with a statement of claim.
* Filed in court (r11.04(1))
* Must be filed within 30 days of the defence (r11.05). Must be served within 60 days of filing.
* Can’t be served until defence has been filed.
* Must be served personally (r11.04(2)).
* TP file appearance (r11.03) – not less than 10 days after service.
* TP will file a defence, if want to file counterclaim, do in line w s10.
* Where TP files an appearance, TP and D who added TP will have discovery of each other (r11.12).
* TP will be able to access any affidavit of documents filed in the proceeding between P and D (r29.06).
