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Summary judgment as the defendant

By Alden Ho - 28 Jun 2017

Legal proceedings are time consuming and expensive. This can be seen to be a waste of resources if you are a defendant facing hollow claims.

Fortunately, where the issues are clear and the point can be decided on an interlocutory application as at trial, summary judgment may be available to a defendant. Summary judgment is a procedure which allows the Court to give judgment without a full trial.

In the recent decision of Johnson & Anor v Armstrong & Ors, we acted for Certified Builders and successfully obtained summary judgment as the defendant.

In this case, the homeowners claimed that Certified Builders made representations on its website and building contract that an automatic guarantee was provided if one of its members was engaged. Unfortunately for the homeowners, their claims were not supported by the actual statements made on the website and building contract. Accordingly, summary judgment was granted.

It is important to note that while summary judgment is a quick way to dispose of claims, the test is high since it is a serious thing to stop a plaintiff bringing his or her claim to trial unless it is clearly hopeless.

Therefore, recognition of appropriate circumstances for such an application to be made is important.

Contacts

Alden Ho

Geoff Hardy

 

If you have any questions about summary judgement, or are in need of litigation advice, contact our litigation specialists today.Legal proceedings are time consuming and expensive. This can be seen to be a waste of resources if you are a defendant facing hollow claims.
Fortunately, where the issues are clear and the point can be decided on an interlocutory application as at trial, summary judgment may be available to a defendant. Summary judgment is a procedure which allows the Court to give judgment without a full trial.
In the recent decision of Johnson & Anor v Armstrong & Ors, we acted for Certified Builders and successfully obtained summary judgement as the defendant.
In this case, the homeowners claimed that Certified Builders made representations on its website and building contract that an automatic guarantee was provided if one of its members was engaged. Unfortunately for the homeowners, their claims were not supported by the actual statements made on the website and building contract. Accordingly, summary judgment was granted.
It is important to note that while summary judgment is a quick way to dispose of claims, the test is high since it is a serious thing to stop a plaintiff bringing his or her claim to trial unless it is clearly hopeless.
Therefore, recognition of appropriate circumstances for such an application to be made is important.
If you have any questions about summary judgement, or are in need of litigation advice, contact our litigation specialists today

 

 

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