Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 22.06.

Hearing of application

22.06. Hearing of application



(1) On the hearing of the application the Court may-

   (a)  dismiss the application;

   (b)  give such judgment for the plaintiff against the defendant on the
        claim or the part of the claim to which the application relates as is
        appropriate having regard to the nature of the relief or remedy
        claimed unless the defendant satisfies the Court that in respect of
        that claim or part a question ought to be tried or that there ought
        for some other reason be a trial of that claim or part;

   (c)  give the defendant leave to defend with respect to the claim or the
        part of the claim to which the application relates either
        unconditionally or on terms as to giving security, paying money into
        court, time, the mode of trial or otherwise; or

   (d)  with consent of all parties, and notwithstanding Rule 77.03(1),
        dispose of the proceeding finally in a summary manner.

(2) The Court may stay execution of any judgment given under paragraph (1)(b)
until after the trial of any counterclaim made by the defendant in the
proceeding.