MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 18

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 18

18 .         Summary judgment, Court may give

        (1)         The Court may give judgment against a claim without a trial if the party making the claim does not satisfy the Court that the claim has a reasonable prospect of succeeding.

        (2)         The Court may give judgment in favour of a claim without a trial if the party defending the claim does not satisfy the Court that the defence has a reasonable prospect of succeeding.

        (3)         In order to determine whether a claim or a defence has a reasonable prospect of succeeding, the Court may determine any necessary question of fact or law.

        (4)         If under subsection (3) the Court determines one or more questions of law and there is no question of fact or mixed fact and law in issue between the parties, the determination of the question of law is final for the purposes of proceedings in the Court in relation to the case concerned.

        (5)         The powers in subsections (1), (2) and (3) may be exercised —

            (a)         in relation to all or a part of a claim or a defence; and

            (b)         regardless of which party, or of whether any party, has made an application to the Court for their exercise.

        (6)         The Court may set aside a judgment given under this section and may do so on conditions as to the payment of costs or as to other matters.

        (7)         No appeal lies against the Court’s decision to refuse to give judgment under subsection (1) or (2).