How To Succeed In An Application For Summary Judgment

An application for summary judgment allows a party to obtain a court decision on a claim without a full trial. This process aims to achieve swift resolutions, minimise unnecessary litigation, and reduce costs. In this article, we discuss the key factors in successfully making an application for summary judgment.

The Grounds for Summary Judgment

An application for summary judgment can be made against either the claimant or the defendant on the entire claim or a specific issue if the court finds that:

1. The party has no real prospect of succeeding on the claim, defence, or issue; and
2. There is no other compelling reason for the issue or case to proceed to trial.

Establishing the Grounds