What happens to a case if an application for summary judgment fails?

When an application for summary judgment fails, the subsequent legal position is that the proceedings continue as if the application had never been made. This principle reflects the function of summary judgment as a mechanism to dispose of cases that lack merit at an early stage but does not terminate the litigation entirely if unsuccessful.

The rationale behind this is to ensure that the legal process can proceed to determine the merits of the case through trial or further proceedings, allowing both parties the opportunity to present their evidence and arguments. The failure of the summary judgment application does not preclude either party from pursuing their claims or defenses; rather, the case will move forward in the standard course of litigation. The integrity of the judicial process is maintained by allowing the case to unfold appropriately.

Options that suggest a case is completely dismissed or requires retrial in an appellate court misinterpret the procedural outcome of a failed summary judgment application. The applicant does not need to withdraw their claim either; they can still pursue their case, and the court will address it based on its merits in due course.