Regulation 17

The claimant may apply for summary judgment against any defendant after the defence has been filed and served in an originating claim on the ground that the defendant has no defence to —

The claimant’s affidavit must contain all the evidence that is necessary or material to the claim.

If the defendant disputes the application in any way, the defendant must file and serve the defendant’s affidavit on the claimant within 14 days after service of the claimant’s application and affidavit.

The defendant’s affidavit must contain all the evidence that is necessary or material to the defence.

If the claimant disputes anything in the defendant’s affidavit, the claimant must file and serve the claimant’s affidavit on the defendant within 14 days after service of the defendant’s affidavit.

No further affidavits may be filed without the Court’s approval.

The Court may —

Where the claimant obtains summary judgment on a claim or part of a claim against any defendant, the claimant may proceed with any other claim or the remainder of the claim or against any other defendant.

The Court may order a stay of enforcement of any summary judgment granted against any defendant until after the trial of the defendant’s counterclaim.

The Court may set aside or vary any summary judgment granted against a defendant who was absent at the hearing.

Where a defendant to an action commenced by originating claim has served a counterclaim on the claimant and the claimant has served a defence to the counterclaim, the defendant may, on the ground that the claimant has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply for summary judgment against the claimant on that claim or part.

In relation to an application under paragraph (11), the rules in paragraphs (2) to (10) apply as they apply in relation to an application under paragraph (1), with the necessary modifications.

Except where the Court otherwise permits, an application under this Rule may not be made after the expiry of 28 days after the date of service of the defence or defence to counterclaim, as the case may be.