Tweet
Hi,
I have a pending case which I opened for damages 9k, the defendant opened in return the false counterclaim which is not related to my claim and is claiming the same damages from his side (for damage to his imaginary side extension for which only proof he has is his statement). On the top of that he opened the additional claim which is exactly the same as the counterclaim....the only difference is that he added my partner to this new claim as the second named third party (he called us 20 part defendants on additional claim application). I had a hearing yesterday for jurisdiction (he send me an unsealed claim form in oct 23; invalid (in my opinion) sealed claim form arrived in april 2024 with court stamp but without court stamp date or court written date of issue) judge decided that court issued the claim on oct 23 because this is equal to service date the application to the court by defendant. I lost. On that hearing I raised up the issue of duplicate claims...judge wasn't interested that topic...is it normal ?? Res judicata doesn't apply here?
Is it worth it, after submitting the additional claim jurisdiction by judge, filled acknowledgement of service with application to strike out additional+counterclaim on basis being duplicate( the same cause of action, particulars, only different is that I'm the defendant with my partner/ in counterclaim only me) and I should pray I will not get the same judge on another hearing ?
Thanks in advance,
Bartek
I have a pending case which I opened for damages 9k, the defendant opened in return the false counterclaim which is not related to my claim and is claiming the same damages from his side (for damage to his imaginary side extension for which only proof he has is his statement). On the top of that he opened the additional claim which is exactly the same as the counterclaim....the only difference is that he added my partner to this new claim as the second named third party (he called us 20 part defendants on additional claim application). I had a hearing yesterday for jurisdiction (he send me an unsealed claim form in oct 23; invalid (in my opinion) sealed claim form arrived in april 2024 with court stamp but without court stamp date or court written date of issue) judge decided that court issued the claim on oct 23 because this is equal to service date the application to the court by defendant. I lost. On that hearing I raised up the issue of duplicate claims...judge wasn't interested that topic...is it normal ?? Res judicata doesn't apply here?
Is it worth it, after submitting the additional claim jurisdiction by judge, filled acknowledgement of service with application to strike out additional+counterclaim on basis being duplicate( the same cause of action, particulars, only different is that I'm the defendant with my partner/ in counterclaim only me) and I should pray I will not get the same judge on another hearing ?
Thanks in advance,
Bartek
Comment