A defence that pleads a limited retainer (not including a duty to advise) is not inherently contradictory of a denial that no advice was given, where the denial asserts that advice was in fact given notwithstanding the terms of the retainer. Striking out such a denial has the consequence under r 166(5) UCPR that the party is deemed to have admitted the allegation denied.
The full text is available to signed-in members, including the 28 later cases that cite this judgment.
2 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.