Abstract:
One of the more difficult tasks of a court when hearing an application for summary judgment is to assess the impact of a counterclaim. A variety of outcomes are possible as there is a broad range of legal and factual issues to be considered. The purpose of this article is to examine the state of law (which has become unnecessarily obscure in certain instances) with a view to proposing a clearer and more logical approach for considering the relief which ought to be granted.