CPA - Summary judgment

Question 1

61 PLAINTIFF may apply for summary judgment in proceeding

Answer 1

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

Question 2

62 DEFENDANT may apply for summary judgment in proceeding

Answer 2

A defendant may apply to the court for summary judgment in the proceeding on the ground that a plaintiff’s CLAIM OR PART THEREOF has no real prospect of success.

Question 3

63 COURT may give summary judgment if no real prospect of success

Answer 3

Subject to s 64, a court may give summary judgment if satisfied that a claim, a defence or a counterclaim (or part thereof) has no real prospect of success.

A court may give summary judgment in any civil proceeding:

• on the APPLICATION of a plaintiff or defendant;
• on the court’s OWN MOTION,

IF satisfied that it is DESIRABLE to summarily dispose of the civil proceeding.

Question 4

64 Court may allow a matter to proceed to trial

Answer 4

EVEN IF there is no real prospect of success, Court may allow a matter to proceed to trial IF:

• it is not in the interests of justice to summarily dispose of the proceeding; or
• the dispute is of such a nature that only a full hearing on merits is appropriate.