Principle

CIVIL PROCEDURE – Pleadings – Striking Out Pleadings – Consideration Limited to Writ and Statement of Claim – Extrinsic Evidence Irrelevant

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Striking out for "no reasonable cause" is determined solely from pleadings themselves. What is considered: Writ/summons and statement of claim only—these are examined to determine if reasonable cause exists. What is NOT considered: Extrinsic evidence—cannot go beyond pleadings to prove pleading is bad. "Upon the…

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