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Applied for the principle that a real, genuine and bona fide dispute of fact can exist only where the court is satisfied that the party raising the dispute has…
Court applies the principle that where facts are peculiarly within the knowledge of a respondent, the respondent can be expected to set these out in the…
Applied to explain that a bare denial does not raise a real or bona fide dispute of fact where the disputing party must necessarily possess knowledge and be…
Applied to establish the test for a real, genuine and bona fide dispute of fact, requiring serious and unambiguous engagement with the facts in dispute.
Court cites the principle regarding disputes of fact in application proceedings that must raise a real, genuine or bona fide dispute or be so far-fetched that…
Applied to establish that BSB failed to raise a genuine and bona fide dispute of fact regarding coverage, given BSB's failure to provide countervailing…
Applied as suggesting how objective analysis of factual disputes in affidavits might be undertaken in appropriate circumstances.
Cited for the principle that evidence of compliance solely within a party's knowledge must be provided by that party.
The court applies principles regarding when disputes of fact in motion proceedings preclude the grant of final relief.
The court cites this case for the principle that a real dispute of fact can only exist where the disputing party has seriously and unambiguously addressed the…
This Court applied the principle that a genuine dispute of fact only exists where the party who raises the dispute seriously and unambiguously addresses the…
Applied together with Plascon Evans to determine whether there was a genuine dispute of fact requiring oral evidence regarding the signature issue.
Cited for the Plascon-Evans rule that where disputes of fact arise on the affidavits, a final order can be granted only if the facts averred in the applicant's…
Applied for the principle that where a disputing party must necessarily possess knowledge of facts averred and provides only a bare denial, the court will take…
Applied the principle that a real dispute of fact can exist only where the party purporting to raise the dispute has seriously and unambiguously addressed the…
Applied at para 13 to determine material factual disputes in motion proceedings.
The Court cites Wightman for the principle that a litigant is required to engage fully and seriously with allegations in an affidavit and that a bare denial…
The court applies the principles for determining when a real, genuine and bona fide dispute of fact exists and the duty of a legal adviser to engage with facts…
Cited for the principle that where a respondent does not properly engage with the facts alleged and does not create a bona fide dispute of fact, the court is…
Court applies Wightman's test that a denial of facts by a respondent must be serious and unambiguous.
Applied to determine that a real, genuine and bona fide dispute of fact exists only where the party raising the dispute has seriously and unambiguously…
The court cited this case for the proposition that a litigant's failure to deal issuably with the factual averments raised against him is unjustifiable on any…
Court applies this case for the principle that consent to dispossession must be considered in context and for the test of when a genuine dispute of fact exists…
Cited as authority for the principle that a respondent's version must be accepted unless it is far-fetched or clearly untenable.
Followed for the gloss it added to Plascon-Evans on when a real, genuine and bona fide dispute of fact arises, particularly where a party rests on a bare…
Court applied the principle that failure to deal with factual averments issuably is unjustifiable on any rational basis.
Applied for the test that a real, genuine and bona fide dispute of fact exists only where the disputing party has seriously and unambiguously addressed the…
Court applies the principle that a bare or unsubstantiated denial only passes muster where there is no other option available due to lack of knowledge.
Cited in support of the principle that litigants must seriously engage with factual allegations they seek to challenge and furnish countervailing evidence.
Cited for the proposition that a real dispute of fact can exist only where the party seriously and unambiguously addresses the fact disputed, and that bare…
Cited for the proposition that when a disputing party must necessarily possess knowledge of facts but rests on bare denial, the court will generally have…
The court cites Wightman for a summary of the Plascon-Evans principle on how courts resolve disputes of fact on the papers.
The court applied this authority's clarification of the approach to be adopted when a real, genuine or bona fide dispute of fact arises in motion proceedings.
Cited for the principle that an applicant must accept the opponent's version unless allegations are not such as to raise a real, genuine or bona fide dispute…
The court applies the principles from this case for establishing triable disputes of fact in motion proceedings.
The court cited Wightman for the principle that information within the exclusive knowledge of a party ought to have been presented by that party.
Applied for the principle that a court may adopt a robust view where a respondent rests its defence on a bare denial of facts necessarily in its knowledge.
Cited to support the test for dealing with disputes of fact on motion proceedings.
The court followed Wightman to explain that a bare denial only meets the requirement when the disputing party has no other way to respond and held that this…
Cited for the principle that a bare denial does not suffice where the disputing party must possess knowledge of the facts and be able to provide an answer if…
Cited for the principle that knowledge of certain facts falls within the knowledge of a party.
Cited for further exposition of the Plascon-Evans rule in motion proceedings.
Applied for the principle that when a party with knowledge of facts rests on a bare or ambiguous denial rather than providing countervailing evidence, the…
Cited for the test of when a bona fide dispute of fact exists in motion proceedings, requiring that a party who purports to raise a dispute must seriously and…
Applied for the principle that a party must seriously and unambiguously address a disputed fact, and bare or ambiguous denials will not create a real, genuine…
The Court applies the test for when a real, genuine and bona fide dispute of fact exists, especially requiring a party to seriously and unambiguously address…
This Court clarified the effect of factual disputes in motion proceedings, requiring a serious and unambiguous engagement with disputed facts; applied to find…
Applied to determine disputed facts in motion proceedings and to establish the test for a real, genuine and bona fide dispute of fact.
Cited for the Plascon-Evans principle in motion proceedings.
Dissenting judgment cites Wightman for the principle that there will be instances where a bare denial meets the requirements because there is no other way open…
Applied for the principle that litigants must provide not only an answer but also countervailing evidence particularly where facts are within their personal…