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.