The case confirms the well-established test for Summary Judgment as being whether it is “‘plain and obvious’ or ‘beyond doubt’ that there is … no merit to the claim or part of it”. Further, the Court noted that:

The legal burden is on the Applicant … throughout. The Respondent is not obliged to furnish evidence. However, if an Applicant discharges the evidentiary burden imposed upon it on a balance of probabilities, the evidentiary burden then falls to the Respondent to show that there is arguable merit to the case …

The Respondent runs a risk if they do not adduce any evidence in response to the application. Parties are expected to put their best foot forward. The court cannot base its decision on what evidence might be generated later in the lawsuit, should it be allowed to continue …