Uniform Civil Procedure Rules 2005
Current version for 15 March 2013 to date (accessed 24 May 2013 at 15:48)
Part 9Rule 9.10

9.10   Cross-claim may be separately prosecuted

(cf SCR Part 6, rule 8; DCR Part 20, rule 8; LCR Part 18, rule 3 (5))

(1)  A cross-claim may proceed even if:
(a)  judgment has been entered on the originating process in the proceedings from which the cross-claim arises or any other cross-claim in the proceedings, or
(b)  the proceedings on the originating process or any other cross-claim have been stayed, dismissed, withdrawn or discontinued.
(2)  Proceedings on the originating process in the proceedings from which the cross-claim arises may proceed even if:
(a)  judgment has been entered on any cross-claim in the proceedings, or
(b)  the proceedings on any such cross-claim have been stayed, dismissed, withdrawn or discontinued.
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