jones j

3.62: Amending pleading
3.66: Costs
7.3: Summary Judgment (Application and decision)
10.29: General rule for payment of litigation costs

Case Summary

The Defendant applied for partial Summary Dismissal of some of the Plaintiffs’ claims on the basis that they were statute barred by the limitation period.

Justice Jones confirmed that Rule 7.3 allows a party to apply to dismiss all or part of a Claim on the grounds that there was no merit to the Claim. Jones J. confirmed the modern test for Summary Judgment required that the Court “examine the record to see if a disposition that is fair and just to both parties can be made on the existing record”. His Lordship confirmed that there is no genuine issue for Trial if the Court can apply the law to the record before the Court and reach a fair and just determination on the merits.

Justice Jones granted the Application for partial Summary Dismissal as the Plaintiffs had actual knowledge of breaches of a construction agreement more than two years prior to filing the Claim. The Court dismissed the claims and stated that simplifying the case in this way “is a proportionate, more expeditious and less expensive means than trial to achieve a just result”.

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