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.