Civil Procedure - Summary Judgement

Question 1

Which rules relate to Summary Judgement?

Answer 1

Rules 292 and 293

Question 2

When can a plaintiff apply for a summary judgment?

Answer 2

Rule 292(1)

Any time after a defendant files a notice of intention to defend.

Question 3

When is the court likely to give judgement for the plaintiff against the defendant for all or part of the plaintiff’s claim?

Answer 3

Rule 292(2)

a) if the defendant has no real prospect of successfully defending all or part of the plaintiff’s claim; AND

b) there is no need for a trial of the claim or part of the claim.

Question 4

When can a defendant apply for a judgement against the plaintiff?

Answer 4

Rule 293(1)

Any time after the defendant has filed a notice of intention to defend.