358Judgment for plaintiff

### 358 Judgment for plaintiff > > (1)  On the hearing of an application for summary judgment, the judge is to give any judgment for the plaintiff against the defendant on the claim or a part of the claim as may be just having regard to the nature of the remedy or relief claimed, unless – > > > > > > (a) the judge dismisses the application; or > > > > > > > (b) the defendant satisfies the judge with respect to the claim or a part of the claim that there is an issue or question in dispute that ought to be tried; or > > > > > > > (c) the defendant satisfies the judge that for some other reason there ought to be a trial of the claim or a part of the claim. > > > (2)  A judge who gives judgment for the plaintiff may also order a stay of execution on the judgment, either unconditionally or on any terms, until after the trial of any counterclaim raised by the defendant in the action.