What does the discretion for summary judgment under the relevant rule allow the court to consider?

The discretion for summary judgment under the relevant rule focuses on the question of whether there is a real prospect of success in the case. This standard requires the court to assess whether the party opposing the summary judgment application can demonstrate that their case is not merely fanciful but has a legitimate chance of succeeding if it were to go to trial.

This approach is grounded in the objective of promoting efficiency within the judicial system by allowing courts to eliminate claims that lack sufficient merit before they proceed to a full trial. By evaluating the actual prospects of success, the court can avoid dragging the parties through a lengthy trial process for cases that do not stand a reasonable chance of resulting favorably for the claimant.

In contrast, considerations such as a plaintiff’s financial resources or the potential for a case to exceed budget do not directly pertain to the merits of their case. Similarly, the consideration of whether a plaintiff can show any form of evidence is too vague and does not align with the more stringent requirement of demonstrating a real prospect of success.