Where a plaintiff's claim is grounded on equitable principles such as estoppel, unconscionability or resulting trust, the fact that relief is sought by way of statutory declaration or under s 64 of the Real Property Act 1886 (SA) does not exclude equitable defences including unclean hands. Under Rule 46A, defences must not plead denials, evidence or argument; a positive assertion that an alleged fact does not exist is treated as a prohibited denial. The power to strike out should ordinarily not be exercised where the real complaint is insufficient particularity — the appropriate remedy is an order for further material facts under r 46A.09.
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