Principle

CIVIL PROCEDURE — Counter-Claim — Proof Required — Not Automatic Upon Failure to File Reply

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Failure to file a reply does not prove the counter-claim. The defendant must adduce evidence. The principle applies to civil procedure. The counter-claim must be proved on the balance of probabilities. The rule protects the plaintiff from unsubstantiated claims. The court will dismiss unproven counter-claims.…

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