Supreme Court
Decision Information
Decision information:
Abstract: Application to determine whether declaratory relief can be granted on default. The Defendant had failed to defend the action and the Plaintiff had sworn an affidavit as to the truth of the contents of the statement of claim and made certain assertions as conclusions of law.
Decision: Application dismissed, a declaratory judgment which involved primarily the exercise of a judicial discretion should not be made except upon a firm basis of viva voce evidence
Subjects: Civil procedure
Keywords: Default judment - declaratory relief - Rule 151
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