Engelbrecht TRI-2020-100-007 Procedural Order 5 [pdf, 200 KB]
...at an early stage may gain momentum at trial, whereas other claims which appeared strong at the outset are later revealed to be fatally flawed. [45] It is necessary to be cautious when approaching applications under s 112 in order to prevent injustice to claimants who may in fact have a good claim once all the evidence is before the Tribunal, including thorough cross-examination in appropriate cases. Too broad an approach to the jurisdiction under s 112 would involve a risk of injus...