Summary judgment—for plaintiff
1146 Summary judgment—for plaintiff
The plaintiff may, at any time after a defendant files a notice of intention to respond or defence, apply to the court for summary judgment against the defendant.
Pt 6.2 (Applications in proceedings) applies to an application under this rule.
The court may give judgment for the plaintiff against the defendant for all or a part of the plaintiff’s claim for relief, unless satisfied that—
the defendant has a good defence to the claim for relief on the merits; or
sufficient facts are disclosed to entitle the defendant to defend the claim for relief generally.
Without limiting subrule (2), the court may give judgment for the plaintiff for damages to be assessed.
The court may make any other order it considers appropriate.
Examples
1 The court may give the defendant leave to defend on conditions.
2 The court may order the defendant to pay an amount into court.
If the plaintiff’s claim is for the return of a particular goods (whether or not the claim includes a claim for hire or damages for detention), the court may make an order for the return of the goods to the plaintiff without giving the defendant the option of keeping the goods and paying the value of the goods.
For the enforcement of the order, see r 2441 (Enforcement—orders for return of goods etc).
In this rule:
damages includes the value of goods.
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