New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.12

Pleading of facts in short form in certain money claims

14.12 Pleading of facts in short form in certain money claims

(cf SCR Part 15, rule 12; DCR Part 9, rule 8)

(1) Subject to this rule, if the plaintiff claims money payable by the defendant to the plaintiff for any of the following--
(a) goods sold and delivered by the plaintiff to the defendant,
(b) goods bargained and sold by the plaintiff to the defendant,
(c) work done or materials provided by the plaintiff for the defendant at the defendant's request,
(d) money lent by the plaintiff to the defendant,
(e) money paid by the plaintiff for the defendant at the defendant's request,
(f) money had and received by the defendant for the plaintiff's use,
(g) interest on money due from the defendant to the plaintiff, and forborne at interest by the plaintiff at the defendant's request,
(h) money found to be due from the defendant to the plaintiff on accounts stated between them,
it is sufficient to plead the facts concerned in short form (that is, by using the form of words set out in the relevant paragraph above).
(2) The defendant may file a notice requiring the plaintiff to plead the facts on which he or she relies in full (that is, in accordance with the provisions of this Part other than this rule).
(3) Such a notice must be filed within the time limited for the filing of the defence.
(4) If the defendant files a notice under this rule--
(a) the plaintiff must, within 28 days after service of the notice--
(i) file an amended statement of claim pleading the facts on which he or she relies in full, and
(ii) include in the amended statement of claim a note to the effect that the statement has been amended in response to the notice, and
(b) if a defence has not been filed, the time limited for the filing of defence is extended until 14 days after service on the defendant of the plaintiff's amended statement of claim.



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