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DaniDee

Well-Known Member
6 November 2019
18
0
71
Current situation
  • Statement of claim
  • Defence & Counterclaim
  • NNPD's
  • Plaintiff files affidavits
  • Defendant files affidavits
  • Defendant requests amending defence & counter claim - court approves
Seeking clarification:
I am currently amending my defence and counterclaim, am I able to utilise content in plaintiff's affidavits as part of my pleadings?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,344
1,003
2,894
Yes, as long as it is the proper form. You may also be hit with a costs order for costs thrown away.
 
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DaniDee

Well-Known Member
6 November 2019
18
0
71
Oh no.... the defence needs to updated with the info obtained by non-party disclosures for the pleadings to be accurate.
Plaintiff wanted the defence to stay because it was 'deficient'