Principle

CIVIL PROCEDURE — Undefended List Procedure — Requirement for Affidavit Disclosing Defence on the Merit — Discretion of Trial Court

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Whether an affidavit discloses a defence on the merit is determined case by case. The trial court has discretion to decide, exercised judicially after full consideration. The principle applies to undefended list procedure. The rule defers to the trial court's assessment of the affidavit's sufficiency.…

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