Plan - Interim Applications Flashcards

1
Q

3 Types

A
  1. Summary judgement
  2. Security for costs
  3. Injunction
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2
Q

Summary judgement - define

A
  • Requires relevant party to make a payment into court (or give some other security) in respect of the other party’s cost proceedings.
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3
Q

Summary judgement - applicants must establish that…

A
  1. Having regard to all circumstances of the case, it is just to make the order.
  2. Other party is a company and there is reason to believe it would be unable to pay costs if ordered to do so.
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4
Q

Summary judgement - Application must also be…

A
  • bona fide
  • not used oppressively
  • without delay
  • other party’s lack of pecuniosity must not be a result of the applicant’s actions.
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