CIV3701
Assignment 1 Semester 2 2025
Unique Number:
Due Date: 21 August 2025
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material dispute of
fact. In application proceedings, the case is decided on written affidavits, and factual
disputes cannot be tested through cross-examination. Since contractual disputes often
require oral evidence to resolve conflicting versions, action proceedings (via simple
summons) are more appropriate. Using application proceedings in such matters is
discouraged and may lead to an adverse costs order from the court due to procedural
misuse.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 1 Semester 2 2025
Unique Number:
Due Date: 21 August 2025
QUESTION 1
(a)
It would be inappropriate for P to use an ordinary application (motion) to institute
proceedings against Y because a breach of contract usually involves a material dispute of
fact. In application proceedings, the case is decided on written affidavits, and factual
disputes cannot be tested through cross-examination. Since contractual disputes often
require oral evidence to resolve conflicting versions, action proceedings (via simple
summons) are more appropriate. Using application proceedings in such matters is
discouraged and may lead to an adverse costs order from the court due to procedural
misuse.1
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
