What type of case can warrant a summary judgment?

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!

Summary judgment is a procedural mechanism that aims to expedite the resolution of cases where there is no genuine issue to be tried. The premise of granting a summary judgment is to avoid unnecessary trials when the material facts are not in dispute, and the law clearly favors one party over the other.

In situations where there is no arguable issue of law or fact, it suggests that the evidence presents a clear-cut situation; thus, one party is entitled to judgment as a matter of law. This is why option C is the correct answer. The court recognizes that further litigation would not change the outcome, thereby conserving judicial resources and minimizing legal costs for the parties involved.

Other options present scenarios that do not meet the requirements for summary judgment. For instance, a case involving fraud does not automatically warrant summary judgment, as the presence of fraud can often complicate the matters requiring a full examination of facts and law. Similarly, a defendant having a bona fide defense suggests that there is indeed a legitimate issue to be resolved, which contradicts the basis for granting summary judgment. Lastly, cases with multiple claims against the same party can introduce varying degrees of complexity and factual disputes, highlighting the need for a trial rather than a summary judgment.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy