Principle

CIVIL PROCEDURE — Summary Judgment — Principles governing grant of leave to defend

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Summary judgment balances two competing principles: (1) preventing defendants with no real defence from delaying; (2) ensuring plaintiffs do not shut out genuine defences through technical compliance. The court must examine whether the defence is real or sham. The rules are procedural aids, not traps.…

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