Read the full judgment text of HCA 000670/2006 on BabelCite. This High Court CFI judgment was delivered on 17 April 2008.
1. The primary application before me is that I strike out the counterclaim of the defendant under the various grounds referred to in O.18 r.19 RHC or by exercise of the inherent jurisdiction of the court. Alternative to that is a ruling on a preliminary issue; namely, whether an “oral agreement” pleaded in the counterclaim at paragraph 14 is not enforceable on one or other of stipulated grounds. These are pursued under O.33 rs. 3 and 4(2).