Principle

CIVIL PROCEDURE — Limitation of Actions — Examination of Writ and Statement of Claim Only

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Limitation defence is determined solely from the plaintiff's writ and statement of claim. The statement of defence is irrelevant for this purpose. The principle applies to limitation of actions. The rule prevents defendants from using their pleadings to defeat limitation. The court examines only the…

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