PF O'Hagan, QC. (with him TM Mullins), for the appellant, submitted that whether the respondent's rights were in fact infringed by the appellant was disputed on the affidavits, and that the court a quo should not have attempted to decide that dispute without hearing evidence [REF].
As to the application to strike out, the court would not encourage applications which were purely technical and which unnecessarily increased the costs without affecting the merits [REF].