Where a case is run in a particular fashion despite the state of the pleadings and decided in accordance with the way it was run, the result will be upheld unless injustice is shown. A party who apprehends a departure from pleadings must take active steps such as seeking an adjournment; failure to do so will undermine any later complaint of procedural unfairness.
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2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.