Have you asked the right question before making a summary judgment application?

The decision of Barrett v Northern Territory of Australia [2017] NTSC 70 has reaffirmed that the applicable principle when making a summary judgment application is whether there is a real or serious question to be tried on the available evidence. It also demonstrates a willingness by the courts to dismiss claims that don't meet this. The decision provides clarity on how case law applies in the context of Rule 23 of the Northern Territory Supreme Court Rules and other court rules across states and territories, including O16 of the Western Australian Supreme Court Rules.

Background

The State made a summary judgment application against the Plaintiff Ms Barrett, who was claiming damages for injuries allegedly sustained as a result of the negligence of staff at Royal Darwin Hospital (RDH) when they failed to diagnose a left ankle ligamentous injury and appropriately treat an ankle sprain.