Hi,
I am a self-represented (no other choice $) defendant in a case to be heard under Section 129C of the Transfer of Land Act 1893, I am defending an easement that the servient owner wants extinguished.
My question is procedural, we are still at the case management conference stage, the registrar at the 1st meeting ordered that we file objections to the originating writ/summons and at the second to produce affidavits and enter any expert evidence we may have.
My objections and affidavit both noted that the Plaintiff had not actually put forward a case other than reference to the act itself and that I did not see how I could present a defence without knowing the exact reasons the Plaintiff wanted the easement extinguished, especially since the onus is on them to prove the easement is no longer needed/ we wont suffer injury etc.
Regardless, I filed my affidavit which was nearly 100% objected to, mostly on grounds of relevance, I expected this since I did not know the outline of their case and so had to do a bit of guesswork.
The Plaintiffs at the same time filed their submissions these submissions include demonstrably incorrect information and include some wild speculation though they do at least attempt to address the tests the Acts require to allow the court to consider extinguishment.
The Question (apologies for the delay)
1) If the Plaintiffs submissions had been in affidavit form, I could file objections to the affidavit, what is, or is there, a procedure to file objections to their submissions, or do I simply file my own submissions, and;
2) If I file submissions can I in that submission actively counter the submissions put forward by the Plaintiff, so can I say , in para x, they said .... blah however ... blah ?
In other words what is the correct procedure to notify the Court that the submissions are (in my opinion) junk ?
sorry, hope you get the idea of what I am trying to ask.
I am a self-represented (no other choice $) defendant in a case to be heard under Section 129C of the Transfer of Land Act 1893, I am defending an easement that the servient owner wants extinguished.
My question is procedural, we are still at the case management conference stage, the registrar at the 1st meeting ordered that we file objections to the originating writ/summons and at the second to produce affidavits and enter any expert evidence we may have.
My objections and affidavit both noted that the Plaintiff had not actually put forward a case other than reference to the act itself and that I did not see how I could present a defence without knowing the exact reasons the Plaintiff wanted the easement extinguished, especially since the onus is on them to prove the easement is no longer needed/ we wont suffer injury etc.
Regardless, I filed my affidavit which was nearly 100% objected to, mostly on grounds of relevance, I expected this since I did not know the outline of their case and so had to do a bit of guesswork.
The Plaintiffs at the same time filed their submissions these submissions include demonstrably incorrect information and include some wild speculation though they do at least attempt to address the tests the Acts require to allow the court to consider extinguishment.
The Question (apologies for the delay)
1) If the Plaintiffs submissions had been in affidavit form, I could file objections to the affidavit, what is, or is there, a procedure to file objections to their submissions, or do I simply file my own submissions, and;
2) If I file submissions can I in that submission actively counter the submissions put forward by the Plaintiff, so can I say , in para x, they said .... blah however ... blah ?
In other words what is the correct procedure to notify the Court that the submissions are (in my opinion) junk ?
sorry, hope you get the idea of what I am trying to ask.
