GENERAL DENIALS.

Auckland Star, Volume LXI, Issue 171, 22 July 1930, Page 5

GENERAL DENIALS.

DEFENCE IN" LEGAL ACTIONS. COMMENT BY JUDGE. Comment on tlie practice of some counsel in refraining from furnishing proper particulars as to defences to be laised was made by Mr. Justice Frazer in the Arbitration Court this morning, during the hearing of a compensation claim. In the action under consideration, the statement of defence was a general denial of every clause in the statement of claim, with an alternative defence that the action was due to the plaintiff's own serious and wilful misconduct. His Honor drew the attention of counsel to the fact that a general denial was admitted, to be evasive and irregular. The statement of defence should set out specifically the exact nature of the defence. In regard to the alternative defence of serious and wilful misconduct, it was untenable, lie said, inasmuch as, under the Act, that defence was not open where an injury was serious and permanent, in its consequences. He hoped that counsel would in future take care to see that statements of defence applied with regulations, and gave the Court and the opposite party full information as to the nature of the defence intended to be raised.