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r 21.02

Application for summary judgment

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Part 21Default judgment, summary judgment and assessment of compensation

21.02 Application for summary judgment

(1) A party may apply for summary judgment on relevant grounds, including the following:

(a) the other party, having filed a notice of defence, has no real defence to the claim made in the proceeding;

(b) the notice of defence filed in the proceeding discloses a good defence on the merits;

(c)

the other party has no real cause of action;

(d) the proceeding is frivolous, vexatious or an abuse of the process of Court.

(2) A party who applies for summary judgment may, if applicable, also apply for compensation or other relief to be assessed.

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