5įor instance, a statement of claim may be struck out for a failure to disclose a reasonable cause of action.
is otherwise an abuse of the process of the Court.
#Summary judgment trial#
may prejudice, embarrass or delay the fair trial of the action or.discloses no reasonable cause of action or defence.… A party should not ordinarily be denied the opportunity to have his or her case determined following trial, and for that reason, the jurisdiction to grant summary judgment should be reserved for the clearest of cases, where there is a high degree of certainty about the ultimate outcome of the action if it were allowed to go to trial…Ī strike out application can be made if a party is able to show that the pleading, in its entirety, or in part: In Westpac Banking Corporation v Anderson, 4 ( Westpac) the WA Supreme Court considered the significant consequences of summary judgment, and noted that: 3 The Court will not consider in any detail whether the claim has merit, only whether there is an issue to be tried.Īccordingly, the threshold for defending a summary judgment application by either party to an action to be successfully opposed is very low. The Court will only examine the available evidence to determine whether a triable issue is disclosed. Summary judgment is granted at an early stage of the proceedings in circumstances where a plaintiff can demonstrate that there is no defence to all or part of a claim 1, or a defendant can demonstrate that either a plaintiff’s claim is frivolous or vexatious, or that it has a good defence on the merits. Two recent decisions in the Western Australian Courts highlight that careful consideration should be given to the facts and circumstances of a matter before either an application for summary judgment, or a strike out application, is made. 30 March 2022 View all Litigation & Dispute Resolution Updates
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