Contested Cases Upon the hearing of a motion, the Court may give judgment for the relief on which the plaintiff may appear to be entitled or may dismiss the action or adjourn the case for a plenary hearing as if the proceedings had been originated by plenary summons. It may give such directions as to pleadings or discovery or settlement of issues or otherwise as […]
General The Master may with the consent of all parties concerned, try any issue of fact. In any cases in which the Master may make an order, he may also make any supplementary or ancillary order and give any necessary directions. In any case in which the Master may make an order, the costs of the application shall be in the discretion of the Master, […]
Special summons usually raise questions of law. Either party may require an affidavit to cross-examine. The Court on hearing of the special summons has a broad discretion to determine questions and issues. It may adjourn the proceedings for a preliminary hearing with directions as to pleadings discovery as it may be necessary. If the defendant can show that there is a substantial defence, then the […]
The Summary Procedure There is a summary procedure in the High Court, which may be used in cases where a full hearing or so called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence can be heard on written affidavit. The summary summons procedure is substantially […]
The Procedure There is a summary procedure in the High Court, which may be used in cases where a full hearing or so-called “plenary” hearing of witnesses is or may be unnecessary. This may occur where there is little or no dispute as to the fact. In summary cases, the evidence is by way of written affidavit. The summary summons procedure is substantially shorter and […]