The Wickstead v Browne principle — that one of several defendants cannot obtain summary dismissal based on evidentiary deficiencies because co-defendants' evidence at trial may fill gaps — applies to civil conspiracy claims and is not subject to an exception derived from Clyne v NSW Bar Association. Clyne is confined to the professional duty of barristers speaking in court and does not impose a requirement on litigants to have a complete evidentiary foundation before instituting proceedings by filing a statement of claim. Where fraud is pleaded, the evidentiary foundation may be inferred rather than directly established.
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