Defendant to summary judgment claim could not have himself recast as ‘claimant’ in equity proceedings

The High Court refused an application by the defendant, who was self-represented, seeking to have proceedings reconstituted under the court’s equitable jurisdiction, to stay any enforcement of judgment, and to introduce new 'statements of claim' asserting that obligations had been settled by promissory notes. The court found that the application was procedurally irregular, including the inappropriate titling of parties and attempt to submit a statement of claim as a defendant. The application was refused on the basis that established procedure allows for equitable arguments within existing summary proceedings, but does not permit the defendant to fundamentally alter the structure of the claim or pre-emptively seek relief prior to any order being made.