Summary Judgment Flashcards
1
Q
What is SJ?
A
Resolving dispute at early stage w/o need to go to a full trial
2
Q
Test?
A
No real prospect NRP) or No compelling reason (NCR)
3
Q
Who can apply for SJ?
A
Both C and D
4
Q
How do you apply?
A
First CMC
After AOS - if no AOS, then need the courts permission.
5
Q
Do you need an application notice for SJ?
A
Yes - r24.5(1)
6
Q
Grounds for SJ?
A
A) a point of law
B) the evidence (or lack of) which can reasonably be expected to be available at trial, or
C) both of the above.
