Principle

CIVIL PROCEDURE – Pre-Action Notice – Waiver of Statutory Notice by Taking a Step in the Proceedings

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Waiver of a statutory right to pre-action notice requires clear and unambiguous conduct. Filing a demurrer is insufficient. The party must have deliberately refused to take advantage of the right. The principle protects statutory requirements. The court will not infer waiver lightly. The conduct must…

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