Mar. 6.] THE NEW ZEALAND GAZETTE. 721

STATEMENTS OF CLAIM AND DEFENCE.

63. On applying for a writ of summons the plaintiff shall deliver to the Clerk of Awards a statement of his claim against the defendant.

64. The statement of claim shall be annexed to the original writ of summons, and a copy thereof shall be annexed to each duplicate of the writ issued for service, and three other copies thereof shall at the same time be delivered to the Clerk of Awards for the use of the Court.

65. The statement of claim shall show the general nature of the cause of action, and shall ask for such judgment as the plaintiff considers himself entitled to.

66. The plaintiff may, besides asking for a specific judgment, ask generally for such judgment as the Court may consider him entitled to.

67. If the statement of claim seeks the recovery of a sum of money, the amount shall be stated as precisely as the nature of the case admits.

68. The defendant shall within the time limited in the writ of summons in that behalf deliver to the Clerk of Awards of the industrial district in which the writ is issued a statement of his defence to the plaintiff’s claim, together with three copies of the statement for the use of the Court, and shall also serve a copy of such statement on the plaintiff.

69. At the foot of the statement of defence there shall be subscribed a memorandum stating whether it has been delivered by the defendant in person or by a solicitor on his behalf, and an address, to be called the address for service, where notices, orders, and other documents in the action may be left for the defendant.

70. Such address for service shall not be more than three miles from the office of the Clerk of Awards of the industrial district in which the writ is issued.

71. If further time to file a statement of defence is required, the defendant may apply to the Court or the Judge thereof, and the Court or the Judge may allow such further time as is deemed reasonable, and may, if necessary, adjourn the trial for such time and on such terms as to payment of costs and otherwise as may appear just.

72. The statement of defence shall either admit or deny the allegations of fact in the plaintiff’s statement of claim.

73. Every allegation not denied shall be deemed to be admitted.

74. Where an affirmative defence is intended, the statement of defence shall show the general nature thereof.

75. If the plaintiff is prepared to admit any allegations of fact in the defendant’s statement of defence, he shall, within seven days after the service upon him of the statement of defence, serve upon the defendant a notice stating distinctly the allegations which he admits, and any allegations of fact not so admitted shall be deemed to be denied.

76. The statements of claim and defence respectively shall give such particulars of time, place, amount, names of persons, dates of instruments, and other circumstances as may suffice to inform the opposite party of the cause of action or ground of defence, as the case may be.

77. If at the trial it appears to the Court that either party is taken by surprise by the nature of the case or defence set up by the opposite party, the Court may adjourn the trial to such time and place as is thought fit.

78. The statements of claim and defence shall be divided into paragraphs numbered consecutively, and each paragraph shall contain as nearly as may be a separate allegation. Dates, sums, and numbers shall be expressed in figures, and not in words.

79. If either party in his statement relies upon any document or any part thereof, it shall be sufficient to state the effect thereof as briefly as possible, without setting it out, unless the precise words are material.

AMENDMENT OF STATEMENTS OF CLAIM AND DEFENCE.

80. Either party may, at any time before trial, deliver to the Clerk of Awards an amended statement of claim or defence, and serve a copy thereof on the opposite party.

81. Either party may by notice require the opposite party to deliver and serve, within four days after the service of such notice, a more explicit statement of claim or defence.

82. Such notice shall indicate as clearly as may be the points in which the statement in respect of which it has been served is considered defective.

83. If the party on whom such notice is served neglects or refuses to comply with the same, the Court or the Judge thereof may, if the statement objected to appears not to give fair notice of the cause of action or ground of defence, order a fuller and more explicit statement to be filed. In default of compliance with any such order the Court at the trial may dismiss the action or strike out the defective statement of defence, as the case may be.

84. Where a statement of claim or defence has been amended under the preceding rules, the Court or the Judge thereof may, either before or at the trial, adjourn the trial for such time, to such place, and upon such terms as to payment of costs by the party amending as may appear just.

85. If no statement of defence has been filed by a defendant in accordance with the foregoing rules, such defendant shall not be entitled at the trial to defend the action without the leave of the Court, and judgment may be given against him accordingly as if he had confessed the cause of action.

86. Where a statement of defence has been filed by the defendant he shall not be entitled, without the leave of the Court, to raise any defence, whether of law or of fact, at the trial of the action, unless the nature of such defence is in the opinion of the Court sufficiently indicated in the statement of defence so filed by him; and judgment may be given against him accordingly.

87. Notwithstanding anything to the contrary in the two last preceding rules, if the Court at the trial of the action is of opinion that the failure of a defendant to file a statement of defence or a sufficient statement of defence has been due to a bona fide mistake, or that for any other reason leave to defend or to further defend the action ought justly to be given to the defendant, the Court may give leave to the defendant, on such terms as to costs or otherwise as are thought fit, to raise any specified defence of law or fact at the trial, without filing any statement of defence or without any formal amendment of the statement of defence.