Principle

CIVIL PROCEDURE — Undefended List — Application to Set Aside — Burden on Defendant

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The defendant bears the burden of showing a defence. The affidavit must condescend upon particulars (give specific details). The defence must be clearly and concisely stated. The principle applies to undefended list judgments. The defendant must also state whether the defence covers the whole or…

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