367
In forceDefendant may apply for summary judgment
Part 11Judgments
Division 4Summary judgment for defendant
367 Defendant may apply for summary judgment
Within 10 days after appearing, a defendant to an action may apply to a judge for summary judgment.
A judge may do anything set out in subrule (3) if satisfied that – the action is frivolous or vexatious; or the defendant has a good defence on the merits; or the action should be disposed of summarily or without pleadings.
A judge may – order that judgment be entered for the defendant, with or without costs; or order that the plaintiff proceed to trial without pleadings; or if all parties consent, dispose of the action finally and without appeal in a summary manner.
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