Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 10:46)
Part 13
Part 13 Summary disposal
13.1   Summary judgment
(cf SCR Part 13, rule 2; DCR Part 11A, rule 2; LCR Part 10A, rule 2)
(1)  If, on application by the plaintiff in relation to the plaintiff’s claim for relief or any part of the plaintiff’s claim for relief—
(a)  there is evidence of the facts on which the claim or part of the claim is based, and
(b)  there is evidence, given by the plaintiff or by some responsible person, that, in the belief of the person giving the evidence, the defendant has no defence to the claim or part of the claim, or no defence except as to the amount of any damages claimed,
the court may give such judgment for the plaintiff, or make such order on the claim or that part of the claim, as the case requires.
(2)  Without limiting subrule (1), the court may give judgment for the plaintiff for damages to be assessed.
(3)  In this rule, a reference to damages includes a reference to the value of goods.
13.2   Stay of judgment pending determination of cross-claim
(cf SCR Part 13, rule 3; DCR Part 11A, rule 2A)
If the court gives judgment against a party under rule 13.1, and that party has made a cross-claim against the party obtaining the judgment, the court may stay enforcement of the judgment until determination of the cross-claim.
13.3   Continuation of proceedings following partial judgment
(cf SCR Part 13, rule 6; DCR Part 11A, rule 4; LCR Part 10A, rule 4)
If, in any proceedings—
(a)  a party applies for judgment, and
(b)  the proceedings are not wholly disposed of by the judgment,
the proceedings may be continued as regards any claim or part of a claim not disposed of by the judgment.
13.4   Frivolous and vexatious proceedings
(cf SCR Part 13, rule 5; DCR Part 11A, rule 3; LCR Part 10A, rule 3)
(1)  If in any proceedings it appears to the court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings—
(a)  the proceedings are frivolous or vexatious, or
(b)  no reasonable cause of action is disclosed, or
(c)  the proceedings are an abuse of the process of the court,
the court may order that the proceedings be dismissed generally or in relation to that claim.
(2)  The court may receive evidence on the hearing of an application for an order under subrule (1).
13.5   Continuation of proceedings following partial dismissal
(cf SCR Part 13, rule 6; DCR Part 11A, rule 4; LCR Part 10A, rule 4)
If, in any proceedings—
(a)  a party applies for an order for dismissal of proceedings, and
(b)  the proceedings are not wholly disposed of by dismissal,
the proceedings may be continued as regards any claim or part of a claim not disposed of by dismissal.
13.6   Non-appearance by plaintiff
(cf SCR Part 13, rule 5A)
(1)  If there is no attendance by or on behalf of a plaintiff at a hearing of which the plaintiff has had due notice, the court may adjourn the hearing to another date and direct that not less than 5 days before that date a notice of the adjournment be served on the plaintiff advising that the proceedings may be dismissed if there is no attendance by or on behalf of the plaintiff at the adjourned hearing.
(2)  If the plaintiff has been given notice in accordance with subrule (1) and there is no attendance by or on behalf of the plaintiff at the adjourned hearing, the court may dismiss the proceedings.
(3)  This rule does not restrict any other power of the court to dismiss proceedings.