Principle

CIVIL PROCEDURE – Counter-Claim – Failure to File Defence to Counter-Claim – When Not Fatal to Plaintiff’s Case

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A plaintiff's failure to defend against a counter-claim has different consequences depending on the outcome of their main claim. If the plaintiff succeeds, the counter-claim may become moot—for example, if the counter-claim seeks relief inconsistent with the plaintiff's successful claim. However, if the plaintiff's claim…

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