law · student · Uncategorized

Civil Procedure : Summary Judgment 1

O.14 RC 2012 – applicable to most actions begun by writ.

O.81 – actions for specific performance.

O.89 – actions for recovery of land from squatters.

Civil actions begun by writ, Plaintiff will apply for summary judgment under O.14 where Defendant has no meritorious/worthy defence except to delay proceedings by making bare denials.

Summary judgment saves time and costs, instead of going to trial.

 

Preliminary requirements?

National Company for Foreign Trade v Kayu Raya – 1) D must have entered an appearance. 2) The SOC must have been served on D; and 3) Affidavit must comply with the requirement of O.14 r.2.

Once these are satisfied, P will have established a prima facie case and entitled to judgment. Burden then shifts to D to satisfy the court why judgment should not be given against him.

 

When is a case not within O.14?

  1. No SOC served on D
  2. Where indorsement on the writ includes a claim outside the scope of O.14.
  3. Affidavit in support of the application is defective; and
  4. Application against the government.

 

The P must apply by Notice of Application (Form 57) supported by affidavit in Form 13.

Chai Cheon Kam v Hua Joo Development – if affidavit is defective, P’s app for SJ will be dismiised but not the action. The action will still go to trial.

Gold Ores Reduction v Parr – if the SOC is defective, it cannot be cured by the affidavit supporting the O.14 app. To cure it, the P must apply to court to amend it.

 

 

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