| Mr Bacon's primary submission was that party does not get costs of a counterclaim unless the order provides. |
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| If you refrain from suing someone, but then they go ahead and sue you, that's the end of your restraint and time to assert the counterclaim. |
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| The bank has a counterclaim against Mrs Frost for the sums still outstanding. |
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| And why should he be made bankrupt if his apparent inability to pay is vitiated by the counterclaim or cross-demand? |
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| Therefore, I find that the defendants have not proven any amount by way of a set-off or counterclaim. |
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| The parties agreed that the tribunal should deal with the matter of its jurisdiction over the counterclaim as a preliminary issue. |
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| Should the counterclaim by the defendants for unliquidated damages be stayed pending arbitration? |
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| The advancement of a counterclaim at this late stage did give me some concern. |
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| The defendants have a counterclaim for damages for trespass against the plaintiff. |
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| If that is right, then the defendants are entitled to rely on their counterclaim as a set-off. |
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| You may be confused about what way to vote today, given the welter of claim and counterclaim over the last month. |
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| The Defendant alleged in its counterclaim that it was entitled to damages for claims presented in an improper and irregular fashion. |
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| In the course of the proceedings Elko has gone into insolvent liquidation, with the result that this counterclaim can be ignored. |
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| The issue raised is much more in the nature of a counterclaim for unliquidated damages. |
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| The arbitrator's decision rendered on February 13, 1996 dismissed ICN's counterclaim against Rowell, Mr. Léon F. Gosselin and Axcan. |
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| We have defences to the counterclaim, but the outcome is not determinable at this time. |
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| The filing of a counterclaim, where applicable, or a new claim shall result in the calculation of separate advances. |
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| Our lawyers are looking at the allegations in the counterclaim. |
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| I should add that had I not found in favour of the plaintiff I would have still dismissed the counterclaim on the basis the defendant had failed to prove its damages. |
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| Claim and counterclaim continue about the salary arrangements. |
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| I am pretty confident the counterclaim will be tossed out and am hoping to get at least some of my money back, or at least a decision saying the money should be mine. |
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| A right of action which has become barred by lapse of time may not be exercised by way of counterclaim or set-off. |
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| The claimant shall respond to the counterclaim within one month of service of the response. |
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| Obviously Canada could not both counterclaim and argue against the jurisdiction of the court. |
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| His counterclaim against the landlord was dismissed with costs against him. |
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| Alouche lost at the trial of his counterclaim and then appealed to the Court of Appeal. |
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| The provisions of article 18, paragraph 2, shall apply to a counterclaim and a claim relied on for the purpose of a set-off. |
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| The counterclaim would be to ask the court to declare that Yugoslavia has violated international law by its ethnic cleansing of Kosovo. |
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| Furthermore, trade-mark infringement litigation will usually give rise to a counterclaim that the trade-mark and its registrations are invalid. |
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| The Claimant may amend its claim and the Respondent may amend its counterclaim. |
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| The counterclaim for constructive dismissal must be dismissed. |
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| But given the volley of claim and counterclaim, it seems unlikely that this will, in fact, be the final exchange. |
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| The events that led to this claim and counterclaim are indeed regrettable. |
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| Consequently, His Honour Judge Tetlow was correct, in my judgment, that what he had to assess was the chance of the respondent succeeding on his counterclaim. |
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| The Principal will not have the right to retain or defer the payment due to the Company by invoking a dispute, a counterclaim or compensation against the Company. |
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| The Court rejected the province's counterclaim regarding provincial power to extinguish Aboriginal rights in finding that, since Confederation, only the federal Crown has such a power. |
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| However, any party shall be free to pay the whole of the advance on costs in respect of the principal claim or the counterclaim should the other party fail to pay its share. |
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| Which language will he use for the counterclaim? |
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| Another option available to the owner is to file a counterclaim against the lienor for willful exaggeration of the lien. |
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| It was, however, pointed out to me over the weekend that in fact Mr Bossi was the plaintiff in this action and the action was introduced by the other party as a counterclaim. |
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| The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. |
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| An accused infringer has the right to challenge the validity of the patent allegedly being infringed in a counterclaim. |
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| The competition and the similarities were close enough for Apple to sue Samsung for patent infringement in several countries, spurring the South Korean firm to counterclaim that it had been ripped off by Apple as well. |
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| They were willing to spend a lot of money to counterclaim against her. |
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| And FBW has filed a counterclaim against Whisenhunt because a lien he filed on FBW's property has interfered with the sale of the land. |
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| A counterclaim for revocation or for a declaration of invalidity may only be based on the grounds for revocation or invalidity mentioned in this Regulation. |
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| Besides which he shall only be authorised to exercise a right of retention to the extent that his counterclaim is based upon the same contractual relationship. |
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| If the participant does not belong to this group of persons, he shall be entitled to exercise a right of retention in so far as his counterclaim is based on the same contractual relationship. |
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| Queensberry won a counterclaim against Wilde for the considerable expenses he had incurred on lawyers and private detectives in organising his defence. |
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