Principle

CIVIL PROCEDURE – Pleadings – Joinder of Issues – Determination of Whether Issue Has Been Joined

Area of law
CIVIL PROCEDURE
Court
Supreme Court

To determine whether issue has been joined, the court must not read a paragraph of the defence in isolation. Other paragraphs may contain averments that amount to specific denial by presenting a different case from the plaintiff's, even without directly referencing specific paragraphs. The court…

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