![]() ![]() The Defendant suggested that the application could be heard and decided without any oral evidence. ![]() If the Defendant's submission is correct, a dissatisfied litigant can require the court to re-open any judgment, without any permission, or other filter, and the court would be required to conduct (as is envisaged here) a new trial of matters which have been settled in a judgment (albeit in this case, a judgment which was a consequence of the Defendant's failure to file a defence). This conclusion is consistent with the principle of finality. Nothing in the reasoning in Summers begins to suggest that the court has such a power. I do not consider that the court can strike out a ‘claim’ after judgment has been given and any cause of action, and thus the claim, has merged in the judgment. The dismissal of the strike out application is mainly addressed in two paragraphs of the judgment as follows: ![]()
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