356Application by plaintiff for summary judgment

### 356 Application by plaintiff for summary judgment > > (1)  If a statement of claim has been served on a defendant in an action and the defendant has appeared in the action, the plaintiff may apply to a judge for judgment against the defendant on the ground that the defendant – > > > > > > (a) does not have a defence to a claim included in the writ or to a particular part of that claim; or > > > > > > > (b) does not have a defence to that claim or part, other than as to the amount of any damages claimed. > > > (2)  This rule applies to any action begun by writ other than an action that includes a claim – > > > > > > (a) for defamation, malicious prosecution or false imprisonment; or > > > > > > > (b) based on an allegation of fraud.