| 单词 | Defence to statement of claim |
| 释义 | 就申索陳述書提出的抗辯書 The response offered and alleged by the responding party in an action or suit as a legal or factual reason why the plaintiff should not recover or establish what is sought. A defendant who wishes to defend all or part of a statement of claim must file a defence. The defence is pleaded once a statement of claim has been delivered. It must be pleaded directly in response to the statement of claim as delivered by the plaintiff. The general rule is that a defendant who gives notice of intention to defend an action must serve a defence on each party to the action who may be affected thereby before the expiration of 14 days after the time limited for acknowledging service of the writ or after the statement of claim is served on him, whichever is the later: The Rules of the High Court (Cap 4A) O 18 r 2. However, if the defendant is served with a summons for summary judgment against him, time for filing his defence ceases: O 18 r 2. When the defendant has a counterclaim against the plaintiff, it should normally be made in the same document as the defence, following on from the defence. See also Affirmative defence; Answer; Counterclaim; Defendant; Equitable defence; Pleadings. 指在法律行動或訴訟中，應訴一方提供及指稱的抗辯， 以作為原告人不應追討或確立他／她所尋求的申索的法律或事實埋由。意欲就全部或部份的申索陳述書作出抗辯的被告人須送交抗辯書存檔。一旦已被交付申索陳述書便應作訴抗辯。抗辯須直接答覆原告人交付的申索陳述書。一般的規則是，送交擬抗辯通知書的被告人，必須在令狀的認收送達時限後14天屆滿前或在申索陳述書送達他／她後14天屆滿前（以較遲者為準），將抗辯書送達可能受其影響的訴訟其他每一方：《高等法院規則》（第4A章）第18號命令第2條規則。但倘若送達被告人的是簡易判決的傳票，其送交抗辯存檔的時限即終止：第18號命令第2條規則。如被告人要針對原告人提起反申索，則一般應在抗辯書的相同文件內、並隨抗辯後提出。另見 Affirmative defence; Answer; Counterclaim; Defendant; Equitable defence; Pleadings。 |
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