Arya Holdings Ltd. v Minories Fin. Ltd. [1991] JLR_Note 2b (31 October 1991)

The court considered the use of affidavit evidence in applications to strike out pleadings and the permissibility of cross-examination on such affidavits.

Source-derived case information.

Parties: Applicant: Arya Holdings Ltd.; Respondent: Minories Fin. Ltd.
Jurisdiction: Jersey
Judgment Date: 31 October 1991
Procedural Posture: Civil / Interlocutory
Legal Topics: Striking Out Pleadings, Cross Examination on Affidavit

Civil Procedure Striking Out Pleadings Cross Examination on Affidavit

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Party arguments 1

Parties

Arya Holdings Ltd.

Applicant

Minories Fin. Ltd.

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

1 Whether pleadings may be struck out based on affidavit evidence
2 Whether cross-examination on affidavit in support is permissible

Ratio Decidendi

The court considered the use of affidavit evidence in applications to strike out pleadings and the permissibility of cross-examination on such affidavits.

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