The Court granted an extension of time under UCPR r 1.12 for service of a further affidavit containing photographic evidence, where the defendants had failed to serve a statement of issues in dispute as required by Practice Note SC CL 1 and the plaintiff was unaware the defendants intended to contest the relevant factual matters. The Court emphasised that defendants who adopt a 'put the plaintiff to proof' strategy cannot remain silent about contested factual issues and then claim prejudice when the plaintiff supplements evidence on those issues, reaffirming that litigation is not a game and parties must ensure opponents are cognisant of the issues for trial.
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