ORDER 14
14. Summary Judgment.
order 14.
Summary Judgment
1.Application by plaintiff for summary judgment. (O. 14 r.
1)
(1) Where in an action to which this rule applies a
statement of claim has been served on a defendant and
that defendant has entered an appearance in the action,
the plaintiff may, on the ground that defendant has no
defence to a claim included in the writ, or to a particular
part or such a claim. or has no defence to such a claim or
part except as to the amount of any damages claimed,
apply to the Court for judgment against that defendant.
(2) Subject to paragraph (3), this rules applies to every
action begun by writ other than one which includes–
(a) a claim by the plaintiff for libel, slander, malicious
prosecution, false imprisonment, seduction or breach
of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of
fraud.
(3) This Order shall not apply to an action to which Order
81 applies.
2.Manner in which application under Rule 1 must be made.
(O. 14 r. 2)
(1) An application under rule 1 must be made by summons
supported by an affidavit in Form 18 verifying the facts on
which the claim, or the part of a claim, to which the
application relates is based and stating that in the
deponent’s belief there is no defence to that claim or part,
as the case may be, or no defence except as to the amount
of any damages claimed.
(2) Unless the Court otherwise directs, an affidavit for the
purposes of this rule may contain statements of
information or belief with the sources and grounds
thereof.
(3) The summons, a copy of the affidavit in support and of
any exhibits referred to therein must be served on the
defendant not less than 4 clear days before the return day
within 14 days from the date of issue of the summons.
[Am. PU(A)342/2000 w.e.f. 22 Sept 2000]
2A. Affidavits. (O. 14, r. 2A) .
Order 32, rule 13(2) shall apply mutatis mutandis to all affidavits
in respect of an application under this Order.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
3.Judgment for plaintiff. (O. 14 r. 3)
(1) Unless on the hearing of an application under rule 1
either the Court dismisses the application or the defendant
satisfies the Court with respect to the claim, or the part of a
claim, to which the application relates that there is an issue
or question in dispute which ought to be tried or that there
ought for some other reason to be a trial of that claim or
part, the Court may give such judgment for the plaintiff
against that defendant on that claim or part as may be just
having regard to the nature of the remedy or relief
claimed.
(2) The Court may by order, and subject to such
conditions, if any, as may be just, stay execution of any
judgment given against a defendant under this rule until
after the trial of any counterclaim made or raised by the
defendant in the action.
4.Leave to defend. (O. 14 r. 4)
(1) A defendant may show cause against an application
under rule 1 by affidavit or otherwise to the satisfaction of
the Court.
(2)Rule 2(2) applies for the purposes of this rule as it
applies for the purposes of that rule.
(3) The Court may give a defendant against whom such an
application is made leave to defend the action with
respect to the claim, or the part of a claim, to which the
application relates either unconditionally or on such terms
as to giving security or time or mode of trial or otherwise
as it thinks fit.
(4) On the hearing of such an application the Court may
order a defendant showing cause or, where that defendant
is a body corporate, any director, manager, secretary or
other similar officer thereof, or any person purporting to
act in any such capacity–
(a) to produce any document;
(b) if it appears to the Court that there are special
circumstances which make it desirable that he should
do so, to attend and be examined on oath.
5.Application for summary judgment on counterclaim. (O.
14 r. 5)
(1)Where a defendant to an action begun by writ has
served a counterclaim on the plantiff, then, subject, to
paragraph (3), the defendant may, on the ground that the
plaintiff has no defence to a claim made in the
counterclaim, or to a particular part of such a claim, apply
to the Court for judgment against the plaintiff on that claim
or part.
(2)Rules 2, 3 and 4 shall apply in relation to an application
under this rule as they apply in relation to an application
under rule 1 but with the following modifications, that is to
say–
(a) references to the plaintiff and defendant shall be
construed as references to the defendant and plaintiff
respectively;
(b) the words in rule 3(2) "any counterclaim made or
raised by the defendant in" shall be omitted; and
(c) the references in rule 4(3) to the action shall be
construed as a reference to the counterclaim to which
the application under this rule relates.
(3)This rule shall not apply to counterclaim which includes
any such claim as is referred to in rule 1(2).
6.Directions. (O. 14 r. 6)
(1)Where the Court–
(a) orders that a defendant or a plaintiff has leave
(whether conditional or unconditional) to defend an
action or counterclaim, as the case may be, with
respect to a claim or a part of a claim; or
(b) gives judgment for a plaintiff or a defendant on a
claim or part of a claim but also orders that execution
of the judgment be stayed pending the trial of a
counterclaim or of the action, as the case may be,
the Court may give directions as to the further conduct of
the action and Order 25, rules 2 to 7 shall, with the
omission of so much of rule 7(1) as requires parties to
serve a notice specifying the orders and directions which
they require and with any other necessary modifications,
apply as if the application under rule 1 of this Order or
rule 5 thereof, as the case may be, on which the order was
made were a summons for directions.
(2) In particular, and if the parties consent, the Court may
direct that the claim in question and any other claim in the
action be tried by the Registrar under the provisions of
these rules relating to the trial of causes or matters or
questions or issues by the Registrar.
7.Costs. (O. 14 r. 7)
(1) If the plaintiff makes an application under rule 1 where
the case is not within this Order or if it appears to the
Court that the plaintiff knew that the defendant relied on a
contention which would entitle him to unconditional leave
to defend, then, without prejudice to 9, and, in particular,
to rule 4(1) thereof, the Court may dismiss the application
with costs and may require the costs to be paid by him
forthwith.
(2) The Court shall have the same power to dismiss an
application under rule 5 as it has under paragraph (1) to
dismiss an application under rule 1, and that paragraph
shall apply accordingly with the necessary modifications.
8.Right to proceed with residue of action or counterclaim.
(O. 14 r. 8)
(1) Where on an application under rule 1 the plaintiff
obtains judgment on a claim or a part of a claim against
any defendant, he may proceed with the action as respects
any other claim or as respects the remainder of the claim
or against any other defendant.
(2) Where on an application under rule 5 a defendant
obtains judgment on a claim or part of a claim made in a
counterclaim against the plaintiff, he may proceed with the
counterclaim as respects any other claim or as respects
the remainder of the claim or against any other defendant
to the counterclaim.
9.Judgment for delivery up of movable property. (O. 14 r. 9)
Where the claim to which an application under rule 1 or
rule 5 relates if for the delivery up of a specific movable
property and the Court gives judgment under this Order
for the applicant, it shall have the same power to order the
party against whom judgment is given to deliver up the
property without giving him an option to retain it on
paying the assessed value thereof as if the judgment had
been given after trial.
10.Relief against forfeiture. (O. 14 r. 10)
A tenant shall have the same right to apply for relief after
judgment for possession of immovable property on the
ground of forfeiture for non-payment of rent has been
given under this Order as if the judgment had been given
after trial.
11.Setting aside judgment. (O. 14 r. 11)
Any judgment given against a party who does not appear
at the hearing of an application under rule 1 or rule 5 may
be set aside or varied by the Court on such terms as it
think just.
order 14.
Summary Judgment
1.Application by plaintiff for summary judgment. (O. 14 r.
1)
(1) Where in an action to which this rule applies a
statement of claim has been served on a defendant and
that defendant has entered an appearance in the action,
the plaintiff may, on the ground that defendant has no
defence to a claim included in the writ, or to a particular
part or such a claim. or has no defence to such a claim or
part except as to the amount of any damages claimed,
apply to the Court for judgment against that defendant.
(2) Subject to paragraph (3), this rules applies to every
action begun by writ other than one which includes–
(a) a claim by the plaintiff for libel, slander, malicious
prosecution, false imprisonment, seduction or breach
of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of
fraud.
(3) This Order shall not apply to an action to which Order
81 applies.
2.Manner in which application under Rule 1 must be made.
(O. 14 r. 2)
(1) An application under rule 1 must be made by summons
supported by an affidavit in Form 18 verifying the facts on
which the claim, or the part of a claim, to which the
application relates is based and stating that in the
deponent’s belief there is no defence to that claim or part,
as the case may be, or no defence except as to the amount
of any damages claimed.
(2) Unless the Court otherwise directs, an affidavit for the
purposes of this rule may contain statements of
information or belief with the sources and grounds
thereof.
(3) The summons, a copy of the affidavit in support and of
any exhibits referred to therein must be served on the
defendant not less than 4 clear days before the return day
within 14 days from the date of issue of the summons.
[Am. PU(A)342/2000 w.e.f. 22 Sept 2000]
2A. Affidavits. (O. 14, r. 2A) .
Order 32, rule 13(2) shall apply mutatis mutandis to all affidavits
in respect of an application under this Order.
[Ins. PU(A)342/2000 w.e.f. 22 Sept 2000]
3.Judgment for plaintiff. (O. 14 r. 3)
(1) Unless on the hearing of an application under rule 1
either the Court dismisses the application or the defendant
satisfies the Court with respect to the claim, or the part of a
claim, to which the application relates that there is an issue
or question in dispute which ought to be tried or that there
ought for some other reason to be a trial of that claim or
part, the Court may give such judgment for the plaintiff
against that defendant on that claim or part as may be just
having regard to the nature of the remedy or relief
claimed.
(2) The Court may by order, and subject to such
conditions, if any, as may be just, stay execution of any
judgment given against a defendant under this rule until
after the trial of any counterclaim made or raised by the
defendant in the action.
4.Leave to defend. (O. 14 r. 4)
(1) A defendant may show cause against an application
under rule 1 by affidavit or otherwise to the satisfaction of
the Court.
(2)Rule 2(2) applies for the purposes of this rule as it
applies for the purposes of that rule.
(3) The Court may give a defendant against whom such an
application is made leave to defend the action with
respect to the claim, or the part of a claim, to which the
application relates either unconditionally or on such terms
as to giving security or time or mode of trial or otherwise
as it thinks fit.
(4) On the hearing of such an application the Court may
order a defendant showing cause or, where that defendant
is a body corporate, any director, manager, secretary or
other similar officer thereof, or any person purporting to
act in any such capacity–
(a) to produce any document;
(b) if it appears to the Court that there are special
circumstances which make it desirable that he should
do so, to attend and be examined on oath.
5.Application for summary judgment on counterclaim. (O.
14 r. 5)
(1)Where a defendant to an action begun by writ has
served a counterclaim on the plantiff, then, subject, to
paragraph (3), the defendant may, on the ground that the
plaintiff has no defence to a claim made in the
counterclaim, or to a particular part of such a claim, apply
to the Court for judgment against the plaintiff on that claim
or part.
(2)Rules 2, 3 and 4 shall apply in relation to an application
under this rule as they apply in relation to an application
under rule 1 but with the following modifications, that is to
say–
(a) references to the plaintiff and defendant shall be
construed as references to the defendant and plaintiff
respectively;
(b) the words in rule 3(2) "any counterclaim made or
raised by the defendant in" shall be omitted; and
(c) the references in rule 4(3) to the action shall be
construed as a reference to the counterclaim to which
the application under this rule relates.
(3)This rule shall not apply to counterclaim which includes
any such claim as is referred to in rule 1(2).
6.Directions. (O. 14 r. 6)
(1)Where the Court–
(a) orders that a defendant or a plaintiff has leave
(whether conditional or unconditional) to defend an
action or counterclaim, as the case may be, with
respect to a claim or a part of a claim; or
(b) gives judgment for a plaintiff or a defendant on a
claim or part of a claim but also orders that execution
of the judgment be stayed pending the trial of a
counterclaim or of the action, as the case may be,
the Court may give directions as to the further conduct of
the action and Order 25, rules 2 to 7 shall, with the
omission of so much of rule 7(1) as requires parties to
serve a notice specifying the orders and directions which
they require and with any other necessary modifications,
apply as if the application under rule 1 of this Order or
rule 5 thereof, as the case may be, on which the order was
made were a summons for directions.
(2) In particular, and if the parties consent, the Court may
direct that the claim in question and any other claim in the
action be tried by the Registrar under the provisions of
these rules relating to the trial of causes or matters or
questions or issues by the Registrar.
7.Costs. (O. 14 r. 7)
(1) If the plaintiff makes an application under rule 1 where
the case is not within this Order or if it appears to the
Court that the plaintiff knew that the defendant relied on a
contention which would entitle him to unconditional leave
to defend, then, without prejudice to 9, and, in particular,
to rule 4(1) thereof, the Court may dismiss the application
with costs and may require the costs to be paid by him
forthwith.
(2) The Court shall have the same power to dismiss an
application under rule 5 as it has under paragraph (1) to
dismiss an application under rule 1, and that paragraph
shall apply accordingly with the necessary modifications.
8.Right to proceed with residue of action or counterclaim.
(O. 14 r. 8)
(1) Where on an application under rule 1 the plaintiff
obtains judgment on a claim or a part of a claim against
any defendant, he may proceed with the action as respects
any other claim or as respects the remainder of the claim
or against any other defendant.
(2) Where on an application under rule 5 a defendant
obtains judgment on a claim or part of a claim made in a
counterclaim against the plaintiff, he may proceed with the
counterclaim as respects any other claim or as respects
the remainder of the claim or against any other defendant
to the counterclaim.
9.Judgment for delivery up of movable property. (O. 14 r. 9)
Where the claim to which an application under rule 1 or
rule 5 relates if for the delivery up of a specific movable
property and the Court gives judgment under this Order
for the applicant, it shall have the same power to order the
party against whom judgment is given to deliver up the
property without giving him an option to retain it on
paying the assessed value thereof as if the judgment had
been given after trial.
10.Relief against forfeiture. (O. 14 r. 10)
A tenant shall have the same right to apply for relief after
judgment for possession of immovable property on the
ground of forfeiture for non-payment of rent has been
given under this Order as if the judgment had been given
after trial.
11.Setting aside judgment. (O. 14 r. 11)
Any judgment given against a party who does not appear
at the hearing of an application under rule 1 or rule 5 may
be set aside or varied by the Court on such terms as it
think just.
