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r 27.02

Plaintiff's affidavit

In force
Chapter 1General Rules
Part 27Summary judgment

27.02 Plaintiff's affidavit

(1) A plaintiff must support an application for judgment by filing an affidavit:

(a) verifying the facts on which the claim or the part of the claim is based; and

(b) stating that in the belief of the deponent there is no defence to the claim or the part of the claim or no defence except as to the amount of the claim.

(2)

Where:

(a) a statement in a document tends to establish a fact referred to in subrule (1)(a); and

(b) at the hearing of the proceedings, the document would be admissible by or under the Evidence (National Uniform Legislation) Act 2011, the Evidence Act 1939 or a law in force in the Territory to verify that fact,

the affidavit may set out the statement.

(3) An affidavit under subrule (1) may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted.

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Section 27.02 — Plaintiff's affidavit — Local Court (Civil Jurisdiction) Rules 1998 (Northern Territory) — Barrister AI