Part 24 - Summary Judgment Overview

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Questions and Answers

What is the purpose of a summary judgment procedure?

To decide a claim or issue without a trial.

Summary judgement can be applied to any type of proceeding.

False (B)

What are the grounds for summary judgment? (Select all that apply)

  • The party has already filed a defense.
  • There is no other compelling reason why the case or issue should be disposed of at a trial. (correct)
  • The court believes the opposing party is deliberately delaying the case.
  • The party has provided all necessary documentation.
  • The party has no real prospect of succeeding on the claim, defence or issue. (correct)

When can a claimant apply for summary judgment?

<p>A claimant can apply for summary judgement after the defendant has filed an acknowledgment of service or a defense, unless the court gives permission or a rule or practice direction states otherwise.</p> Signup and view all the answers

In civil proceedings against the state, a claimant can always immediately apply for summary judgment.

<p>False (B)</p> Signup and view all the answers

What is the minimum notice period that must be given to the respondent in a summary judgment hearing?

<p>14 days (B)</p> Signup and view all the answers

What must be included in the application notice for summary judgment?

<p>The application notice must clearly state that the application is for summary judgment, identify any point of law or document relied upon, include evidence the applicant is relying on, state the applicant believes the respondent has no real prospect of succeeding, and identify the reason why the case should not await trial.</p> Signup and view all the answers

Written evidence must always be filed in summary judgment proceedings.

<p>False (B)</p> Signup and view all the answers

What are some of the actions the court can take when determining a summary judgment application?

<p>The court can give directions regarding the filing and service of a defense, provide further directions regarding the management of the case, and make orders subject to conditions.</p> Signup and view all the answers

Flashcards

Summary Judgment

A procedure where a court may decide a case without a trial if one party has no chance of winning.

Rule 24.1

Part of the rules explaining the summary judgment procedure.

Claimant in summary judgment

The party starting the summary judgment process.

Defendant in summary judgment

The party on the receiving end of the request for summary judgment.

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Real Prospect of Success

A strong possibility of winning the case or part of the case.

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Claimant's initial move on Summary Judgment

Claimant can't apply for summary judgment before an acknowledgment of service or a defence.

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Crown Cases and Summary Judgment

Summary judgments are different in Crown cases requiring a later stage.

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Property Cases and Summary Judgment

Specific property cases allow summary judgment to be applied earlier.

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Summary Judgment Notice Requirements

Specific requirements for notice, the required statement and evidence details.

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Rescission

The cancellation of a contract.

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Specific Performance

Court order for fulfilling a contract.

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Application Notice

Formal notice for applying for summary judgment.

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Written Evidence

Documents used to support a claim or a defense.

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Disposal of application

Process of deciding a summary judgement application.

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Acknowledgment of Service

Formal acknowledgement that a legal document has been received.

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Defence

Response to a legal claim.

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Residential Premises Cases

Summary judgment not available in specific residential cases mentioned.

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Period of Notice

Time a party gets notice before hearing

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Notice of Hearing

Formal announcement of a hearing date and issues.

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Possession of Residential Premises

Summary judgment that can't be applied on a summary basis.

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Additional Directions

Further instructions regarding the case's management.

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Conditions for Summary Judgement

Court's decision on the summary judgement request considering prospects of success for each party.

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Study Notes

Part 24 - Summary Judgment

  • Scope: Procedure for courts to decide claims/issues without a trial. Subject to other parts with specific provisions.

  • Types of Proceedings: Summary judgment available in most types of proceedings, except for possession of residential property against a mortgagor/tenant/contract holder or against former tenant.

    • Summary judgement available against a claimant or defendant.

  • Grounds: Court can grant summary judgment if the party has no realistic prospect of succeeding in claim/defense/issue, and no other compelling reason for trial.

  • Timing:

    • Claimant cannot apply for summary judgment until the defendant has filed an acknowledgment of service or a defense, unless court gives permission or a rule/practice direction allows otherwise.
    • For specific performance/rescission/deposit cases, claimant can apply at any time after the claim form is served, unless a rule/practice direction specifies otherwise.
    • Summary judgment hearings must receive notice (at least 14 days) of date and issues to be decided.

  • Application Notice and Evidence:

    • Notice must include that it's a summary judgment application, point of law/document relied upon, written evidence, belief respondent has no chance of succeeding, and no reason for trial delay.
    • For specific cases, the order sought must be attached to the notice and served 4 days before the hearing.
    • Evidence to be relied upon at the hearing must be filed and served at least 7/3 days in advance (depending whether it's an applicant or respondent evidence).

  • Disposal: Court can give further directions on case management or include conditions to the order, following a summary judgment decision.

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