Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1147

Summary judgment—for defendant

(SCR o 17 r 1; MC(CJ)R s 139; NSW r 13.4; Qld r 293)

    (1)     A defendant may apply to the court for summary judgment against a plaintiff at any time after filing a notice of intention to respond or defence.

Note     Pt 6.2 (Applications in proceedings) applies to an application under this rule.

    (2)     The court may give judgment for the defendant against the plaintiff for the plaintiff's claim for relief (or part of it) if satisfied—

    (a)     that the claim (or part of it) is frivolous or vexatious; or

    (b)     that there is a good defence to the claim (or part of it) on the merits; or

    (c)     that the proceeding should be finally disposed of summarily or without pleadings.

    (3)     The court may make any other order it considers appropriate.

Example

stay the proceeding

Note     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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