{"issue_text":"Whether an application to strike out must be in form of court application with supporting affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Defendants filed one-page statement without affidavit"}
{"issue_text":"Whether defendants demonstrated prejudice from superfluous declaration","issue_type":"procedural","dispositive":"yes","related_facts":"Defendants claimed unnecessary costs but no evidence of prejudice"}
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background
Facts of the Case
Background
The plaintiff issued an endorsed summons accompanied by a declaration. The defendants filed appearance to defend and requested further particulars. After exchanges regarding further particulars, the defendants contended that the filing of a declaration was superfluous since the plaintiff had opted to file an endorsed summons, and applied to strike out the declaration.
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