Read the full judgment text of HCA 953/2012 on BabelCite. This High Court CFI judgment was delivered on 28 August 2013.
1. It is clear that striking out is only for plain and obvious cases. There should be no trial upon affidavit. Disputed facts are to be taken in favor of the party sought to be struck out. The claim must be obviously unsustainable, the pleadings unarguably bad and it must be impossible, not just improbable, for the claim to succeed before the court will strike it out. Where the legal viability of a cause of action is sensitive to the facts, an order to strike out should not be made. In a case wh
Cited by 1 case