LEGAL PRINCIPLE: CIVIL PROCEDURE – Case Management – Demurrer – Documents Pleaded – Proper Use of Documents in Demurrer Proceedings
PRINCIPLE STATEMENT
It seems that if that is done for the purpose of demurrer proceeding, that would be introducing evidence in order to decide it rather than basing it only on the facts pleaded in the statement of claim; the principle is that only those facts as pleaded should be considered at that stage on the assumption that they are accepted by the defendant as true but that in spite of those facts, the plaintiff's case should be terminated in limine on some legal or equitable ground as not maintainable on those facts; any other approach would radically change the principle as to demurrer which is firmly laid down by this court.
RATIO DECIDENDI (SOURCE)
"It seems to me that if that is done for the purpose of demurrer proceeding, that would be introducing evidence in order to decide it rather than basing it only on the facts pleaded in the statement of claim. The principle is that only those facts as pleaded should be considered at that stage on the assumption that they are accepted by the defendant as true but that in spite of those facts, the plaintiff's case should be terminated in limine on some legal or equitable ground as not maintainable on those facts. Any other approach would, in my view, radically change the principle as to demurrer which is firmly laid down by this court."
EXPLANATION / SCOPE
Demurrer proceedings must be based solely on pleaded facts, not evidence. Using documents beyond pleaded facts: introduces evidence improperly, violates demurrer principle, and radically changes established procedure. Demurrer principle: Consider only facts pleaded in statement of claim, assume those facts are true (defendant admits them for demurrer purposes), then determine if even assuming truth of pleaded facts, case should still be dismissed in limine on legal/equitable grounds. “Introducing evidence” means: going beyond pleadings to examine documents/proof, considering matters not pleaded, and deciding based on evidence rather than pleaded facts alone. This violates demurrer nature: demurrer tests legal sufficiency of pleaded claim assuming facts are true, not evidentiary proof of facts. “Radically change the principle” means: fundamentally alter demurrer’s nature, transform it into mini-trial on evidence, and undermine established procedure. This serves: maintaining demurrer’s limited scope (legal sufficiency), distinguishing demurrer (pleading-based) from trial (evidence-based), and preserving established procedural principles. Proper demurrer: reads pleaded facts, assumes truth, assesses legal sufficiency—no evidence considered. Improper demurrer: examines documents, considers evidence, assesses factual proof—violates demurrer principle. This principle protects demurrer’s distinctive character as pleading-based legal sufficiency test.