summary judgment

What is Summary Judgment?

You may be entitled to obtain summary judgment from the Court if:

  • the claim made against you is so clearly untenable that it cannot succeed; or
  • the defence to your claim is so clearly untenable that it cannot succeed.

‘Summary judgment’ means a judgment of the Court that the claim made against you should be dismissed without going to trial (if you are a defendant), or your claim should succeed without going to trial (if you are a plaintiff).  Summary judgment will bring the legal proceeding to an end.

However, Courts exercise ‘exceptional caution’ in deciding whether to grant summary judgment, and will not do so unless it is clear that there is no real question to be decided at trial.

In general Courts are very reluctant to deprive a party of the opportunity to going to trial and having the case determined by the Court in the usual way, after the hearing of evidence and legal submissions from all parties.

Accordingly there are significant risks involved in applying for summary judgment.  Summary judgment is rarely granted.  If you get it wrong, you will inevitably be required to pay the other party’s legal costs, and to continue with the legal proceeding.

Please contact me if you would like legal advice on whether to apply for summary judgment.

Greg Carter Litigation Lawyer Perth

“Feel free to contact me for a free consultation and quotation”