Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
Chapter
24. Summary Judgment
Chapter
24. Summary Judgment
Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
Chapter
25. Construction Industry Adjudication
This chapter looks at the process of adjudication in construction industry disputes. Adjudication resembles arbitration, in that it produces a decision on the dispute, but one that is only of a temporary nature. The process involves an adjudicator reaching a decision very swiftly (only 28 days after appointment), with the idea being to get a decision on how much a contractor should be paid, potentially followed by a full-blown investigation through the courts or in a formal arbitration if either party does not agree with the adjudicator's decision. The underlying policy is ‘pay now, argue later’. An adjudication award is binding, but is not registrable as a judgment, unlike an award in arbitration. Instead, enforcement is through suing on the adjudicator's decision, often followed by the entry of judgment in default or an application for summary judgment.
