The Hon. Mr. Justice Evan Brown

Summary Judgment - summary judgment will not be granted where what is

placed before the court is the inert dry bones of the case, waiting to be called

to life by the breath of oral testimony. For only the prophet would be seized

with the prescience to know what form the inert dry bones would assume once

r- clothed with testimonial sinew.

Defaulf judgment - Appliation to set aside whelfher the CPR has two

drsfinct mbnC for sethng aside - whefier pemission mqmUId to He

acknowledgement of seml'ce ozzt of h-me - whether an imgularly obtained

default judgment can be vmBM-e Rd. 13.2 mdR . 13.3.

Wem an acknowledgement of semke is filed befom lfhe request for

judgment in default to be enterred? lfhough filed oufside of time allowed by

Practice and Procedure - Application to set aside default judgment Rule

13.3 of the CPR.

Trespass to the person - negligence - unintentional infliction of injury - self -

defence - duties of a constable.

Breach of contract - Oral Agreement - Credibility of Claimant

Contract - ostensible loan contract - whether enforceable - public policy -

. award of costs.

The court finds it more than a little unpalatable to adjudicate upon a .

document the product of the devil's draftsman. The veneer of.

.moneylending jargon which clads the agreements is as efficacious as.

Adam's fig leaf.

The enforcement of these contracts would be the inexorable, if unwitthg, .

legitimization of what was prima facie an AIS. The pernicious socioeconomic

Malicious prosecution; seizure of motor vehicle; whether done with

reasonable and probable cause; solicitation; whether amounts to

malice.

Although the court is notoriously slow to exercise its power to strike out a

statement of case, where the pleaded defence allege the claims to be statute barred,

in the absence of a reply averring an exception to the operation of the statute/ the

court, in giving effect to the overridng objective of the CPR, will be constraimd to

strike out the statement of case.

Tortious damage to property; credibility; assessment of damages; betterment.

When the incredulity of ,the defendants is juxtaposed with the credibility of

. .the claimants, the aphorism, "truth press down is like oil poured in water, it

: rises to the top," comes into sharp focus. The court is constrained not to look

askance at the manifest truth of the claim. Accordingly, the claim is found

proved on a balance of probabilities.