Plaintiff contends that the trial court erred in dismissing his suit under Rule 13(a) of the Rules of Civil Procedure1 because *314plaintiffs G.S. § 75-1.12 action for unfair trade practices had not matured at the time plaintiff answered defendant’s complaint in the prior action between plaintiff and defendant and was therefore not a compulsory counterclaim. While we must disagree with this argument, we nevertheless hold for other reasons that plaintiffs suit should not have been dismissed under Rule 13(a).
It is clear from plaintiffs complaint that all of the transactions and occurrences constituting defendant’s unfair practices had taken place when plaintiff filed his answer in the previous action and plaintiff concedes that when he answered defendant’s complaint, he was aware of those events and circumstances. The injury was therefore then extant, the only unknown aspect of the matter being the extent of plaintiffs damages. It would appear that at the trial of the prior action, plaintiffs ultimate and entire damages would have been somewhat speculative since plaintiff incurred post trial damages in defending defendant’s action against him at the appellate level.
Our decision, however, is based on principles of equity. The remedies provided pursuant to G.S. § 75-1.1 are equitable in nature and should not be frustrated by narrow or strict applications of procedural rules. At the time plaintiff filed his answer in the prior action, there was a degree of uncertainty as to the maturity of his G.S. § 75-1.1 claim against defendant sufficient to require a careful balancing of the procedural requirements of Rule 13(a) of the Rules of Civil Procedure and the equitable *315remedies of G.S. § 75-1.1. It would offend our sense of justice to allow defendant to avoid answering in this action for its flagrant conduct through a narrow or strict application of the provisions of Rule 13(a) of the Rules of Civil Procedure, thereby defeating the balancing process we deem necessary in this case.
For the reasons stated, the order of the trial court must be reversed and this cause must be remanded for further proceedings on the merits of plaintiffs action.
Reversed and remanded.
Judge Braswell concurs.
Judge PHILLIPS concurs in the result.