UCPR Rules 2 (Starting Proceedings, Pleadings) (149-159)

Question 1

Rule 149

Answer 1

Statements in pleadings

(1) Each pleading must—
(a) be as brief as the nature of the case permits; and
(b) contain a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and
(c) state specifically any matter that if not stated specifically may take another party by surprise; and
(d) subject to rule 156, state specifically any relief the party claims; and
(e) if a claim or defence under an Act is relied on—identify the specific provision under the Act.

(2)In a pleading, a party may plead a conclusion of law or raise a point of law if the party also pleads the material facts in support of the conclusion or point.

Question 2

Rule 150

Answer 2

Matters to be specifically pleaded
(1)Without limiting rule 149, the following matters must be specifically pleaded—
(a)breach of contract or trust;
(b)every type of damage claimed including, but not limited to, special and exemplary damages;

Note—
See also rule 155 (Damages).

(c)defence under the Limitation of Actions Act 1974;
(d)duress;
(e)estoppel;
(f)fraud;
(g)illegality;
(h)interest (including the rate of interest and method of calculation) claimed;
(i)malice or ill will;
(j)misrepresentation;
(k)motive, intention or other condition of mind, including knowledge or notice;
(l)negligence or contributory negligence;
(m)payment;
(n)performance;
(o)part performance;
(p)release;
(q)undue influence;
(r)voluntary assumption of risk;
(s)waiver;
(t)want of capacity, including disorder or disability of mind;
(u)that a testator did not know and approve of the contents of a will;
(v)that a will was not properly made;
(w)wilful default;
(x)anything else required by an approved form or practice direction to be specifically pleaded.

(2)Also, any fact from which any of the matters mentioned in subrule (1) is claimed to be an inference must be specifically pleaded.

(3)If the plaintiff’s claim is for a debt or liquidated demand only (with or without a claim for interest), the plaintiff must state the following details in the statement of claim—
(a)particulars of the debt or liquidated demand;
(b)if interest is claimed—particulars as required by rule 159;
(c)the amount claimed for the costs of issuing the claim and attached statement of claim;
(d)a statement that the proceeding ends if the defendant pays the debt or liquidated demand and interest and costs claimed before the time for filing notice of intention to defend ends;
(e)a statement of the additional costs of obtaining judgment in default of notice of intention to defend.

(4)In a defence or a pleading after a defence, a party must specifically plead a matter that—
(a)the party alleges makes a claim or defence of the opposite party not maintainable; or
(b)shows a transaction is void or voidable; or
(c)if not specifically pleaded might take the opposite parties by surprise; or
(d)raises a question of fact not arising out of a previous pleading.

(5)If the plaintiff’s claim starts a wrongful death proceeding, the plaintiff must state in the statement of claim the person or persons for whose benefit the claim is brought.

Question 3

Rule 151

Answer 3

Presumed facts

(1)A party is not required to plead a fact if—
(a)the law presumes the fact in the party’s favour; or
(b)the burden of proving the fact does not lie with the party.

(2)Subrule (1) does not apply if it is necessary to plead the fact—
(a)to comply with rule 149; or
(b)to meet a denial pleaded by another party.

Question 4

Rule 152

Answer 4

Spoken words and documents

Unless precise words are material, a pleading may state the effect of spoken words or a document as briefly as possible without setting out all of the spoken words or document.

Question 5

Rule 153

Answer 5

Condition precedent

(1)An allegation of the performance or occurrence of a condition precedent necessary for the case of a party is implied in the party’s pleading.
(2)A party who denies the performance or occurrence of a condition precedent must specifically plead the denial.

Question 6

Rule 154

Answer 6

Inconsistent allegations or claims in pleadings

(1)A party may make inconsistent allegations or claims in a pleading only if they are pleaded as alternatives.
(2)However, a party must not make an allegation or new claim that is inconsistent with an allegation or claim made in another pleading of the party without amending the pleading.

Question 7

Rule 155

Answer 7

Damages

(1)If damages are claimed in a pleading, the pleading must state the nature and amount of the damages claimed.

(2)Without limiting rule 150(1)(b), a party claiming general damages must include the following particulars in the party’s pleading—
(a)the nature of the loss or damage suffered;
(b)the exact circumstances in which the loss or damage was suffered;
(c)the basis on which the amount claimed has been worked out or estimated.

(3)If practicable, the party must also plead each type of general damages and state the nature of the damages claimed for each type.

(4)In addition, a party claiming damages must specifically plead any matter relating to the assessment of damages that, if not pleaded, may take an opposing party by surprise.

Question 8

Rule 156

Answer 8

General relief

The court may grant general relief or relief other than that specified in the pleadings irrespective of whether general or other relief is expressly claimed in the pleadings.

Question 9

Rule 157

Answer 9

Particulars in pleading

A party must include in a pleading particulars necessary to—
(a)define the issues for, and prevent surprise at, the trial; and
(b)enable the opposite party to plead; and
(c)support a matter specifically pleaded under rule 150.

Question 10

Rule 158

Answer 10

Particulars of damages

(1)If a party claims damages including money the party has paid or is liable to pay, the pleading must contain particulars of the payment or liability.
(2)If a party claims exemplary or aggravated damages, the party’s pleading must contain particulars of all matters relied on in support of the claim.

Question 11

Rule 159

Answer 11

Interest

(1)This rule applies if a party intends to apply to the court for an award of interest, whether under the Civil Proceedings Act 2011, part 8 or otherwise.

(2)This rule does not apply to a proceeding for damages for personal injury or death.

(3)The party must allege in the party’s pleading particulars of—
(a)the amount or amounts on which the interest is claimed; and
(b)the interest rate or rates claimed; and
(c)the day or days from which interest is claimed; and
(d)the method of calculation.

(4)However, the rate or rates of interest need not be separately specified if the party is claiming at the rate or rates specified in a practice direction.