18. Pleadings

Question 1

Function of pleadings

Answer 1

[Lee Ah Chor]

• to define issues of facts and questions of law to be decided at trial
• prevent trial by ambush
• issues not raised in pleadings cannot be raised on appeal - unless [OCBC] issue raised in trial without objection = implied consent

Question 2

is a reply (to defence) necessary?

Answer 2

not necessary if P wishes to deny everything contained in the defence

Question 3

general rule of pleadings

Answer 3

O18 r7-12

• plead facts not law
• material facts: [Lee Siew Kow] facts that will put the OP on their guard and tell them what they have to meet