In which situation can the court grant a stay of proceedings instead of a summary dismissal?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

The court can grant a stay of proceedings when a case is weak but not obviously defective because this allows the parties additional time to gather more evidence or refine their arguments before making a final judgment on the merits of the case. A stay acknowledges that while the case may not be particularly strong, it does not warrant immediate dismissal; instead, it provides an opportunity for the plaintiff to potentially strengthen their position or for further developments that may affect the case.

In scenarios where all parties agree to a delay or if a plaintiff requests more time, while these circumstances could lead to a stay, they do not inherently justify it on legal grounds related specifically to the merits of the case. Additionally, simply having a significant amount of evidence to review does not directly support the granting of a stay unless it pertains to weaknesses or deficiencies in the case itself. Therefore, the context of a weak case aligns best with the rationale for granting a stay over summary dismissal, focusing on the possibility for improvement rather than outright dismissal.

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