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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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In a situation where the Defendant in a case lodges a motion

Customer Question

In a situation where the Defendant in a case lodges a motion for dismissal and grounding affidavit and then the Plaintiff lodges a replying affidavit to same. On the day of the hearing of the motion in the opening submission the defendants counsel informs the Judge that the Defendant wished to admit to something it had denied at every occasion it had been asked about by the Plaintiff.
The Plaintiff was a lay litigant and did not know what to do or how to react. The admission was contrary to several statements in the grounding affidavit.
Should the Plaintiff have made an objection to the hearing continuing because the grounding affidavit now contained several misleading statements and the motion be struck out or the hearing be adjourned and the grounding affidavit be amended to correct the misleading statements and the plaintiff allowed to reply to that.
The hearing did go ahead that day and although the Defendant did not get all of the dismissal order sought and the plaintiff was allowed to continue his own case, several points were dismissed. The Plaintiff can not agree to this. Has he good grounds for an appeal?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did the lay person object to the admission please?