63Summary judgment if no real prospect of success

63 Summary judgment if no real prospect of success (1) Subject to section 64, a court may give summary judgment in any civil proceeding if satisfied that a claim, a defence or a counterclaim or part of the claim, defence or counterclaim, as the case requires, has no real prospect of success. (2) A court may give summary judgment in any civil proceeding under subsection (1)— (a) on the application of a plaintiff in a civil proceeding; (b) on the application of a defendant in a civil proceeding; (c) on the court's own motion, if satisfied that it is desirable to summarily dispose of the civil proceeding.