An order summarily dismissing a proceeding for not disclosing a reasonable cause of action remains classified as interlocutory in Victoria, requiring leave to appeal under s 17A(4)(b) of the Supreme Court Act 1986 (Vic). The test for summary judgment under s 63 of the Civil Procedure Act 2010 (Vic) is not materially different from the former test under Rule 22.02 — it remains that summary judgment should only be granted if it is clear there is no real question to be tried. Courts will consider the effect of adjournments on court resources and competing claims by other litigants when determining whether to grant adjournments.
The full text is available to signed-in members, including the 43 later cases that cite this judgment.
5 of the 43 citing cases carry a classified treatment. How each court treated it is available to signed-in members.