Principle

JURISDICTION — Determination of Jurisdiction — Plaintiff’s Claim as the Focus for Determining Court’s Jurisdiction

Area of law
JURISDICTION
Court
Supreme Court

Jurisdiction is determined by the plaintiff's claim as pleaded, not by the defence. The court examines the writ and statement of claim. The principle applies to civil procedure and jurisdiction. The rule prevents the defendant from ousting jurisdiction by raising defences. The plaintiff is master…

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