What must the deponent establish when opposing a summary judgment application?

In the context of opposing a summary judgment application, the deponent must establish a bona fide defense or a triable issue. This means that the party resisting the motion must demonstrate that there are legitimate grounds for contesting the claim, which could lead to a different outcome if the case were to proceed to trial.

The rationale behind this requirement is that summary judgment is intended to resolve issues that can be decided without a full trial. If the resisting party can show that there exists a real and genuine dispute over material facts, or if they can present a valid legal defense, then the matter should be examined in a trial setting where evidence can be heard and assessed comprehensively.

This requirement helps maintain the balance between the efficient use of court resources and the rights of the parties involved, ensuring that only cases with no real issues of fact warranting a trial can be resolved through summary judgment. In essence, it is about protecting the right to contest claims before a judge or jury where the facts are disputed, thereby reinforcing the fundamental principles of due process in civil litigation.