Principle

CIVIL PROCEDURE – Declaratory relief – Burden of proof on plaintiff to succeed on strength of own case

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The plaintiff must prove his own case. He cannot rely on the defendant's weakness. The principle applies to declaratory relief. The defence may support the plaintiff's case. The rule is fundamental. The burden never shifts. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.