The failure to amend an originating application when the statement of claim is amended is an irregularity, not a nullity, where the claims in the statement of claim fall within the 'metes and bounds' of the indorsement on the originating application. Voluntary participation in proceedings by defendants, including through counsel, filing defences, and prosecuting counter-claims, constitutes a submission to jurisdiction waiving any irregularity in service. Where judgment has been entered against a company that was deregistered during proceedings, the appropriate course is to stay enforcement pending possible reinstatement rather than to set aside the judgment.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
3 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.