Summary Judgment


Definition

  • According to RHC Order 14, summary judgment is a judgment obtained by the plaintiff without a full trial.

  • It's designed to be a speedy way of obtaining judgment, thereby avoiding delays, risks, and substantial costs.

  • A summary judgment is a valid and legitimate judgment.

Operation

  • The plaintiff must demonstrate that the case falls within the scope of RHC Order 14.

  • The writ must have been correctly served to the defendant.

  • The defendant should return the acknowledgment of service (Form 14) within the prescribed time, indicating an intention to contest the proceedings.

  • The Order 14 procedure should not be abused and is designed for clear-cut cases with no arguable defence (Sin Hua Bank Ltd v Sung Foo Kee Ltd [1993]).

Procedure

  • The plaintiff initiates the RHC Order 14 procedure by an inter partes summons supported by affirmation.

  • This summons is served on the defendant 10 clear days before the hearing day.

  • The affirmation must state the plaintiff's belief that the defendant has no defence to the claim.

  • Once the Order 14 application is made, the burden shifts to the defendant to demonstrate a triable issue or other reasons for a full trial (Manciple Ltd v Char On Man [1995]).

  • The defendant can file an affirmation in reply at least 3 days before the hearing date, outlining their proposed defence.

  • The initial hearing before a master is typically a 15-minute “call-over” for directions.

  • If the defendant contests the application, the application is adjourned for a second hearing, which takes place a few months after the first.

  • The second hearing is not a “mini-trial”; no witnesses are called. It is based on affirmations and submissions (Ng Shou Chun v Hung Chun San [1994]).

  • At the second hearing, the master assesses whether there is a triable issue.

Possible Orders by the Master

The master can make one of the following orders:

  1. Dismissal of Plaintiff’s Summons: The summons is dismissed with costs and action proceeds as a normal trial.

  2. Judgment for the Plaintiff: If there is no triable issue, judgment will be given to the plaintiff.

  3. Unconditional Leave for Defendant to Defend: The defendant is granted unconditional leave to defend and proceeds as a normal trial (Billion Silver Development v All Wide Investments Ltd [2000]).

  4. Conditional Leave for Defendant to Defend: The defendant is granted conditional leave to defend where the defence is a bit thin but still arguable (Wu Cho Mei t/a Mui FCR v Wang Suiau Yu [1994]).

    • Conditions imposed must be reasonable and may include the defendant paying part or the whole of the sum claimed into court.

Conclusion

  • The summary judgment procedure is meant for cases where the defendant has no arguable defence.

  • The speaker agrees with the statement about RHC Order 14 in the question, underscoring its purpose and application.