Part 4.4 - Summary judgment

Question 1

60 References to defendant and plaintiff in this Part mutatis mutandis re counterclaim

Answer 1

Here (a) reference to P includes P by counterclaim; (b) reference to D includes D by counterclaim

Question 2

61 - Plaintiff may apply for summary judgment in

proceeding

Answer 2

A plaintiff in a civil proceeding may apply to the court for summary judgment in the proceeding on the ground that a defendant’s defence or part of that defence has no real prospect of success.

Question 3

62 - Defendant may apply for summary judgment in

proceeding

Answer 3

A defendant in a civil proceeding may apply to the court for summary judgment in the proceeding on the ground that a plaintiff’s claim or part of that claim has no real prospect of success.

Question 4

63 Summary judgment if no real prospect of success (Court can, on own motion if satisfied/ or on PD application)

Answer 4

(1) Court can then, if satisfied relevant claim/defence has no real prospect of success, give summary judgment.
(2) (c) Can do so on own motion if satisfied that it is desirable to summarily dispose of the civil proceeding (a)-(b) or on P/D application

Question 5

64 - Court may allow a matter to proceed to trial (if no prospects but not in IOJ, dispute is of nature that only full hearing appropriate)

Answer 5

Despite anything to contrary, Court may order that civil proceeding proceed to trial if satisfied that, despite there being no real prospect of success, the proceeding should not be disposed of summarily because:

(a) It is not in the interests of justice to do so; or
(b) dispute is of such nature that only full hearing on merits appropriate

Question 6

65 - Interaction with rules of court (in addition to, don’t derogate)

Answer 6

The powers of a court under this Part are in addition to, and do not derogate from, any powers a court has under rules of court in relation to summary disposal of any civil proceeding.