9. Summary Judgment

Question 1

Preliminary Requirements to Summary Judgment

Once satisfied - D object?

Answer 1

O14

• D has made appearance
• SoClaim has been served
• Affidavit in support as per O14 r2

Once satisfied, P is prima facie entitled to judgment - D has to show that there is an issue which ought to be tried, by way of affidavit (alternatively, technical objections)

Question 2

Summary judgment - defective affidavit in support?

Answer 2

Application for summary judgment dismissed BUT action will still go to trial (action not dismissed)

Question 3

Time limit for summary judgment

Answer 3

• promptly after appearance entered and SoC served

- [Ghazi]: no hard and fast rule - discretion of the court depending on the circumstances of each case

Question 4

If D raises counterclaim - summary judgment?

Answer 4

D will not get leave to defend

Instead, execution of P’s judgment stayed until after trial of counterclaim

Question 5

Summary judgment - D raise issues that ought to be tried - examples?

If court doubtful of issues raised by D?

Answer 5

• trying to contact material witness
• on going police investigation
• only P knows the facts so unfair to enter summary judgment without discovery

Court may order a sum to be paid as a condition of granting leave to defend [Fieldrank]
- [Sungai Way Leasing]: must be reasonable for the D to fulfil, otherwise equivalent to giving P judgment (N/B: not difficult but impossible)