Dispute - Summary Judgment

Question 1

What are the two aspects on which a summary judgment application may be based?

Answer 1

1) A point of law (including a question of construction of a document); and/or,
2) the evidence which can reasonably be expected to be available at trial or the lack thereof.

Question 2

What are the grounds for summary judgement?

Answer 2

1) The court considers that the claimant or defendant has no real prospect of success in respect of the claim or issue; and,
2) there is no other compelling reason why the case or issue should be disposed of at trial.