Report comment

The problem here is not that a court can find the claimant dishonest without a pleading but that defendants draft their defences and make a number of non admissions but are really asserting dishonesty.

In this case, the defendant did not assert dishonestly, the court simply found it. thats ok so long as the court got it right. but it is not ok for the defendant to hide its true case from the claimant.

A dishonest claimant who is made out to be an honest claimant and loses his claim is fundamentally dishonest (FD). An honest claimant who is made out to be dishonest should be awarded exemplary damages to punish the conduct of the defendant. that will level the playing field.

in the high court, a party is sues another party for breach of contract but then has to defend an allegation of fraud , gets paid in full for winning the allegation even if he loses the action. In RTA, imagine the defendant having to pay the claimants for all their costs for not being able to prove the allegation even if the claimant lost his tort action.