- Flynote
- Civil Procedure|Ex parte proceedings
- Case summary
- On examining the notice of motion, the court found that the six paragraphs that had been outlined were simply prayers upon which the court was required to make an order. Thus the court found that none of the outlined grounds could move court to set aside the ex parte judgment. The notice of motion was found to be materially and incurably defective to the extent that it could not be sustained. The notice of motion was accordingly struck out with costs to the respondent.
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