(1) The pursuer has accordingly failed to prove this averment .(2) The authority acted unreasonably making the averment that the proposal would place pressure on greenfield sites elsewhere in the national park.(3) In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court.(4) This averment is supported by particulars of the matters relied upon.(5) Section 144 of the Excise Act, in fact, says that you can rely on an averment to establish a fact, even if it is the ultimate fact, and that has been done in many cases.(6) The Petitioners have advanced a number of Prayers based on these general and specific allegations and averments as outlined in Paragraph 5.(7) A major aspect of the application is whether the averments in the statements of case are true, an issue on which hearsay evidence is admissible in the action itself.
