Once a defence is struck out, admissions contained in it are no longer before the court and cannot found a judgment on admissions under UCPR r 17.7. Judgment on admissions requires clear and unambiguous admissions establishing a clear and unanswerable case; where pleadings show significant issues in dispute, the discretion should not be exercised. Default judgment under UCPR r 16.6 requires strict compliance with the procedural prerequisites including an affidavit in support, and dispensation cannot be implied. If striking out of a defence is warranted, it should ordinarily be accompanied by leave to replead.
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