Principle

CIVIL PROCEDURE – Case Management – Demurrer – Nature and Scope – Demurrer Determined on Facts Pleaded Only

Area of law
CIVIL PROCEDURE
Court
Supreme Court

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…

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