A court may not enter summary judgment under r 13.1 UCPR when only a strike-out application under r 14.28 is before it, particularly where no affidavit under r 13.1(b) has been filed and no notice has been given to the defendant that summary judgment is a possible outcome. Where a self-represented defendant's defence raises matters that might, if properly pleaded, amount to a reasonably arguable defence (such as non est factum or relief under the Contracts Review Act 1980 (NSW)), leave to replead should be granted rather than summary judgment entered.
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