Question 1 of 10

Carly is being sued by Sam in relation to a personal injury claim. Carly is of the view that Sam’s claim is merely fanciful and has no real prospect of success. Carly has been advised that she should make an application for summary judgment against Sam, but Carly is confused about how to make this application.What would be the BEST ADVICE to give Carly about the correct procedure for making an application for summary judgment, when these should be served on Sam and when Sam would have to respond?

A. Carly should issue an application notice and file it at court together with a draft order and witness statement. These documents should be served on Sam at least 7 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 3 clear days before the summary judgment hearing. B. Carly should issue an application notice and file it at court together with a draft order and witness statement. These documents should be served on Sam at least 14 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 7 clear days before the summary judgment hearing. C. Carly should issue an application notice and file it at court together with a, draft order and affidavit. These documents should be served on Sam at least 14 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly at least 7 clear days before the summary judgment hearing. D. Carly should issue an application notice and file it at court together with a draft order and witness statement. These documents should be served on Sam at least 3 clear days before the summary judgment hearing. If Sam wishes to rely on written evidence, he must file and serve this on Carly as soon as possible before the summary judgment hearing.