1.2: Purpose and intention of these rules
3.68: Court options to deal with significant deficiencies
15.12: New test or criteria

Case Summary

The Applicant applied pursuant to old Rule 129(1), now Rule 3.68, to strike portions or all of the Plaintiff’s Amended Statement of Claim. Because the Application was filed but not heard prior to the new Rules coming into force, Browne J. applied Rule 15.12 and held that the Application would be pursuant to Rule 3.68. Furthermore, Browne J. stated that the new and old Rules are of similar effect, and relied on the case law established under Rule 129(1). However, in applying the case law, Browne J. also relied on Rule 1.2 in order to achieve a timely and cost effective resolution of the matter. Upon a review of the facts and case law, Browne J. held that it was not plain and obvious that the claim would not succeed. The Application was partially successful as two paragraphs from the Amended Statement of Claim were struck, but the remaining paragraphs were left to stand.

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