Magistrates' Court General Civil Procedure Rules 2020

If on an application under section 61 of the Civil Procedure Act 2010 for summary judgment leave is given to defend or summary judgment is given on a claim or part of a claim but execution of the judgment is stayed pending the trial of an outstanding claim or counterclaim or of the proceeding, as the case may be, the Court may give directions as to the further conduct of the proceeding.

The Court—

may direct that an affidavit made under this Order must serve as a defence or defence and counterclaim; and

may order the proceeding to be set down for trial without delay; and

may define the questions to be tried.