LEGAL PRINCIPLE: CIVIL PROCEDURE – Case Management – Demurrer – Nature and Scope – Demurrer Determined on Facts Pleaded Only
PRINCIPLE STATEMENT
It is trite law that whenever a demurrer is raised before trial, a defendant shall be taken as having admitted all the allegations of fact contained in the plaintiff's claim, and accordingly, no evidence respecting matters of fact shall be allowed; where a plaintiff's statement of claim does not ex facie disclose a cause of action so that even if all allegations of fact therein averred are established, such a plaintiff would still not be entitled to the relief sought, the defendant will be perfectly entitled to move the court to have the case dismissed without any answer on questions of fact from the defendant; this procedure is only available where from the facts averred before the court, there is a good legal or equitable defence to the action.
RATIO DECIDENDI (SOURCE)
"It is trite law that whenever a demurrer is raised before trial, a defendant shall be taken as having admitted all the allegations of fact contained in the plaintiff's claim, and accordingly, no evidence respecting matters of fact shall be allowed. Where a plaintiff's statement of claim or, indeed a petition does not ex facie disclose a cause of action so that even if all the allegations of fact therein averred are established, such a plaintiff or petitioner would still not be entitled to the relief sought, the defendant will be perfectly entitled to move the court to have the case dismissed without any answer on questions of fact from the defendant or respondent. This procedure, it must be emphasised, is only available where from the facts (averred in the statement of claim) before the court, there is a good legal or equitable defence to the action."
EXPLANATION / SCOPE
This comprehensively states demurrer principles: Demurrer effect: Defendant admits all factual allegations in plaintiff’s claim—no factual dispute. No evidence allowed: No evidence on facts permitted—decided on pleadings alone. When available: Where statement of claim doesn’t disclose cause of action ex facie (on its face)—even if all averred facts proved, plaintiff not entitled to relief. Defendant’s entitlement: Can move to dismiss without answering facts—legal/equitable defence appears from pleaded facts themselves. Requirement: Good legal or equitable defence must exist from averred facts. This serves: early termination of legally insufficient claims, avoiding unnecessary trials when no cause of action exists, and testing legal sufficiency before factual inquiry. “Ex facie disclose” means: apparent from face of pleadings, evident from averments themselves, and clear without evidence. Demurrer says: “Even accepting all your facts as true, you have no legal claim—case should be dismissed.” Not disputing facts but challenging legal sufficiency. “Good legal or equitable defence” means: law provides defence to claimed facts, equity bars relief, or facts as pleaded don’t constitute actionable claim. This procedure is powerful but limited: only for cases where pleaded facts, even if true, don’t support relief. This fundamental principle enables early dismissal of legally insufficient claims without trial.