Which ground describes when a claimant may submit a summary judgment application?

Which ground describes when a claimant may submit a summary judgment application?

• A. The defence filed does not amount to an effective answer.
• B. The defence has a good prospect of success.
• C. There is a delay in the proceedings.
• D. The court cannot determine liability from the evidence.

Answer: (A)

A summary judgment application is appropriate when there is no real prospect of the other side succeeding, so the court can decide the case without a full trial. For a claimant, this is true if the defence filed does not amount to an effective answer—i.e., it does not raise any real issue of fact or law to defeat the claim. When the defence fails to present a live dispute, there is nothing substantial to try, and the claimant may obtain judgment on the claim without a trial. The other options describe situations that would not justify summary judgment: if the defence has a good prospect of success, there’s a real issue to contest; a delay in proceedings is a procedural issue, not a ground for dismissing the claim; and if the court cannot determine liability from the evidence, more evidence or a trial is needed rather than granting summary judgment.

A summary judgment application is appropriate when there is no real prospect of the other side succeeding, so the court can decide the case without a full trial. For a claimant, this is true if the defence filed does not amount to an effective answer—i.e., it does not raise any real issue of fact or law to defeat the claim. When the defence fails to present a live dispute, there is nothing substantial to try, and the claimant may obtain judgment on the claim without a trial. The other options describe situations that would not justify summary judgment: if the defence has a good prospect of success, there’s a real issue to contest; a delay in proceedings is a procedural issue, not a ground for dismissing the claim; and if the court cannot determine liability from the evidence, more evidence or a trial is needed rather than granting summary judgment.