Summary Judgment - Mini-quiz

1:What is the question that must be answered affirmatively in order to give summary judgment?
A)

Does the claim have no real prospect of success?

Correct

 

B)

Does the defence have a good defence on the merits?

Incorrect

 

C)

Is there no reasonable basis for the claim?

Incorrect

 

D)

Does the party have no reasonable prospect of successfully defending the claim?

Incorrect

 

2:When may a court give summary judgment?
A)

On the application of a plaintiff

Incorrect

 

B)

On the application of a defendant

Incorrect

 

C)

On the court’s own motion

Incorrect

 

D)

Any of the above

Correct

 

3:In which of the following scenarios would it be most likely that the court would grant an application for summary judgment?
A)

A difficult-to-argue medical negligence case involving a misdiagnosis leading to the lost chance of a better medical outcome, which raises novel and untested questions about whether the lost chance is damage in itself, and whether lost chance cases are consistent with the law of causation

Incorrect

 

B)

A contentious defamation case raising ss13 and 15 of the Charter of Human Rights and Responsibilities Act 2006, about the competing rights to privacy and reputation on the one hand and right to freedom of expression on the other hand

Incorrect

 

C)

An action brought under s209 of the Residential Tenancies Act 1997 seeking compensation for breach of the duty to notify the owner of, and compensate for, damage (s116), where the tenant had broken three windows and permanently stained the carpet without notifying the owner

Correct

 

D)

An appeal from a ruling made by the Commissioner of Taxation about the definition of a ‘small miner’ under the federal government’s new Minerals Resource Rent Tax, which will draw the line between those mining companies that pay the tax and those that do not

Incorrect

 

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