PrincipleCIVIL PROCEDURE — Summary Judgment — Construction of documents — Whether permissible
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
Summary judgment is inappropriate where a document is ambiguous. If the document is capable of multiple interpretations, and one interpretation gives the defendant a defence, the defendant is entitled to defend. The court should not resolve disputed meanings summarily. The principle protects defendants from being…
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