Principle

CIVIL PROCEDURE — Undefended List Procedure — Affidavit Disclosing Defence on the Merit — Test for Leave to Defend

Area of law: CIVIL PROCEDURE
Court: Supreme Court

An affidavit in support of notice to defend must disclose particulars of a prima facie defence, not mere general statements. Sufficient grounds include triable issues, difficult points of law, factual disputes, disputed amounts needing account, or reasonable grounds of bona fide defence. The principle applies…

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