The Plaintiff’s Writ was endorsed with the statement of claim which means that our AVZ legal eagles could make application for summary judgement as soon as they file an Appearance. The Appearance is due to be filed tomorrow, if it hasn’t already been filed. This would be a very quick and efficient means of throwing this rubbish out of Court.
RULES OF THE SUPREME COURT 1971 - ORDER 16 RULE 1
mce-anchor1 . Application by defendant for summary judgment (1) Any defendant to an action may within 21 days after appearance or at any later time by leave of the Court, apply to the Court for summary judgment, and the Court, if satisfied that the action is frivolous or vexatious, that the defendant has a good defence on the merits, or that the action should be disposed of summarily or without pleadings, may order —
(a) that judgment be entered for the defendant with or without costs; or
(b) that the plaintiff shall proceed to trial without pleadings,
or if all parties consent, may dispose of the action finally and without appeal in a summary manner.
AVZ Price at posting:
2.3¢ Sentiment: Hold Disclosure: Held