The Supreme Court of Appeal clarifies the approach to
making out a prima facie case in security arrest
proceedings
The requirement of a prima facie case has been said to
be satisfied if a claimant shows that there is evidence which, if
accepted, will establish a cause of action and that the mere fact
that such evidence put up by the claimant is contradicted will not
mean that the test has not been satisfied - not even if the
probabilities are against it; it is only where it is quite clear
that the claimant has no action, or cannot succeed, that a
prima facie case will not be made out. In this judgment
the Supreme Court of Appeal indicated that there is much to be said
for taking into account facts established by the debtor that the
claimant does not contradict, at least where there is no reason to
believe that in future proceedings, with the advantages of
discovery those facts are capable of being challenged.
