The binding legal principles established are: (1) The cause of action in application proceedings must be fully set out in the founding affidavit, and new matter cannot be raised for the first time in an answering affidavit or heads of argument; (2) Where material disputes of fact exist that cannot be resolved on the papers, the court has discretion to dismiss the application, refer the matter to trial, or call oral evidence; (3) The court should dismiss an application where the applicant should have realized at the time of launching it that material disputes of fact were bound to arise, particularly where this is coupled with other procedural defects such as non-joinder of interested parties and presentation of excessively bulky papers unsuitable for trial.