367Defendant may apply for summary judgment

### 367 Defendant may apply for summary judgment > > (1)  Within 10 days after appearing, a defendant to an action may apply to a judge for summary judgment. > > > (2)  A judge may do anything set out in [subrule (3)](#GS367@Gs3@EN) if satisfied that – > > > > > > (a) the action is frivolous or vexatious; or > > > > > > > (b) the defendant has a good defence on the merits; or > > > > > > > (c) the action should be disposed of summarily or without pleadings. > > > (3)  A judge may – > > > > > > (a) order that judgment be entered for the defendant, with or without costs; or > > > > > > > (b) order that the plaintiff proceed to trial without pleadings; or > > > > > > > (c) if all parties consent, dispose of the action finally and without appeal in a summary manner.