Principle

CIVIL PROCEDURE β€” Undefended List β€” Affidavit Sworn by Counsel β€” Sufficiency

Area of law
CIVIL PROCEDURE
Court
Supreme Court

In undefended list proceedings, a defendant seeking to set aside judgment must attach the proposed defence. A mere assertion of having a defence is insufficient. The principle applies to summary procedure. The rule ensures that the court can assess the defence. The proposed defence must…

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