Read the full judgment text of HCA 1139/2007 on BabelCite. This High Court CFI judgment was delivered on 29 August 2012.
1. The principles of striking-out are clear. It is only in plain and obvious cases that the court should exercise its summary powers to strike out the endorsement on any writ or any pleading under Order 18 rule 19. Disputed facts are to be taken in favour of the party sought to be struck out. The court should not decide difficult points of law in striking-out proceedings. The claim must be obviously unsustainable, the pleading unarguably bad, and it must be impossible, not just improbable, for t
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