Read the full judgment text of HCA 002925/1980 on BabelCite. This High Court CFI judgment was delivered on 27 March 1982.
1. This is an appeal from the decision of Master McClelland given on the 2nd March, 1982 dismissing the defendant's application for striking out the Statement of Claim on inter alia the ground that it discloses no reasonable cause of action. It is the Court's discretionary jurisdiction under Order 18 rule 19 which was sought to be invoked, and such jurisdiction should be exercised sparingly and only when the claim is, on the face of it, "obviously unsustainable" or "almost incontestably bad". Th