18. How should a Defendant respond in his or her Defence?
A Respondent who disagrees with the Applicant/ Claimant’s claim should file his side
of the case (i.e. the response) stating:
x
x
x
x
the name and address of the Respondent;
a concise statement of facts and law relied on;
the nature of the supporting evidence where appropriate; and
the order (i.e. relief or remedy) sought by the Respondent [Rule 31(1) & (2)].
The Respondent files a statement of defence with or without a counter-claim; and
serves a copy on the Claimant. A Respondent may add a counter-claim to the
statement of defence, containing the following:
x
x
x
an admission or denial of the facts stated in the claim;
any additional facts if necessary and the law relied on;
the order (i.e. relief or remedy) sought [Rule 31(3)].
19. What happens if a Respondent fails to file a Response/Defence?
Within 14 days after the close of pleadings or such other period as the Principal
Judge may direct, the First Instance Division holds a scheduling conference with the
Parties and their lawyers to ascertain:
x
x
x
x
x
x
points of agreement and disagreement;
the possibility of mediation, conciliation or any other form of settlement;
whether evidence is to be oral or by affidavit;
whether legal arguments shall be written or oral, or both;
the estimated length of the hearing;
any other matters the Division deems necessary ─ [Rule 53 (1)].
If the case has good potential for settlement, the Division shall direct that the case
proceeds to Mediation or other form of settlement [Rule 53 (2)].
If the matter is to proceed to a hearing, the Division fixes the hearing date(s) [Rule
53 (3)].
20. What happens after the Respondent files a Defence?
The answers to this Question are the same as for Question 17 above [all derived
from Rule 30] namely:
x
The Respondent files a response to the Reference, serves a copy of it on the
Applicant; who may file a reply to the response within 45 days after service.
x
Likewise, the Respondent may, within 45 days of service, respond with a
rejoinder to the Applicant’s reply.
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