14 Oct 2019
The substantive statutory requirements for a s30AB non‑commencement order were satisfied; the initial ex parte report filing, although procedurally irregular, was a mere formal defect that caused no substantial injustice and could be waived under s124(1) and rule 203, therefore the non‑commencement order was granted in terms of the amended summons.
15 Nov 2006
The court exercised its discretion under Order 41 r.4 to admit the foreign affirmation despite technical defects: the omitted address/occupation and un‑exhibited annex were minor and could be overlooked; the incomplete jurat was cured by the notary's confirming email identifying where the affirmation was taken and the notary's stamp and registration rendered it prima facie under O.41 r.12; an apostille was not required because O.41 r.12 supplies the domestic regime and Article 3 of the Hague Convention permits reliance on domestic simplifications.