Plan - Interim Applications Flashcards
1
Q
3 Types
A
- Summary judgement
- Security for costs
- Injunction
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.
3
Q
Summary judgement - applicants must establish that…
A
- Having regard to all circumstances of the case, it is just to make the order.
- Other party is a company and there is reason to believe it would be unable to pay costs if ordered to do so.
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.