1145
In forceApplication—div 2.11.5
Chapter 2Civil proceedings generally
Part 2.11Resolving proceedings early
Division 2.11.5Summary judgment
1145 Application—div 2.11.5
(1)
This division applies to—
(a)
a proceeding started by originating claim; and
(b)
a counterclaim, or third-party notice, made in a proceeding started by originating claim.
Note
A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39).
(2)
However, despite rule 39 (3) (Proceeding incorrectly started by originating application), this division applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.
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