KEATING vs. HEMANS

This is an application by the plaintiff herein per her solicitors for leave to sign final judgment under Order 14, rule 11(1). The writ was specially endorsed. The application is supported by the affidavit of the plaintiff’s solicitor (which is permissible according to the authorities) verifying the cause of action and stating that there is no defence to the action. According to the rules the judge may make the order for leave to sign judgment unless the defendant shall satisfy him that he has a defence to the action. He must do so on affidavit disclosing that he has a good defence on the merits and ask for leave to defend. The plaintiff may file an affidavit in reply if he is in a position to exhibit some document clearly demonstrating the untruth of the defendant’s affidavit, e.g. a letter from the defendant admitting the debt by promise to pay. Upon an examination of the affidavits and a consideration of the law on the point I am satisfied that the defendant’s affidavit ...