360Application for summary judgment on counterclaim

### 360 Application for summary judgment on counterclaim > > (1)  Subject to [subrule (2)](#GS360@Gs2@EN) , if a defendant to an action has served a counterclaim on the plaintiff, other than a counterclaim that includes a claim of the type referred to in [rule 356(2)](#GS356@Gs2@EN) , the defendant may apply to a judge for judgment against the plaintiff on the ground that the plaintiff – > > > > > > (a) does not have a defence to a claim made in the counterclaim 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)  [Rules 357](#GS357@EN) , [358](#GS358@EN) and [359](#GS359@EN) apply to an application under [subrule (1)](#GS360@Gs1@EN) as if – > > > > > > (a) a reference to the plaintiff and defendant were a reference to the defendant and plaintiff, respectively; and > > > > > > > (b) the words "any counterclaim raised by the defendant in the action" in [rule 358(2)](#GS358@Gs2@EN) were replaced with "the plaintiff's action".