On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/04/2006.
5.
—(1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff and the plaintiff has served a defence to the counterclaim, the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2) Rules 2, 3 and 4 shall apply in relation to an application under this Rule as they apply in relation to an application under Rule 1 but with the following modifications:
(a)
references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;
(b)
the words “any counterclaim made or raised by the defendant in” in Rule 3(2) shall be omitted; and
(c)
the reference in Rule 4(1) to the action shall be construed as a reference to the counterclaim to which the application under this Rule relates.