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good evening welcome to community Justice organization New Zealandamp;#39;s training session and I am Karen Harding and Iamp;#39;m here to take you tonight through the synopsis of the law on applying for summary judgment and strikeout applications uh the goal is to do this in a wrap-up for you in five minutes so letamp;#39;s see how we go so letamp;#39;s start with the key points so the first point is that if youamp;#39;re going to have a defense based on the limitations act then the onus is on the defendant to prove that that limitation Act defense applies and that itamp;#39;s a complete answer to the statement of claim so if the defense applies and the plaintive argues extension then the onus moves to the plaintiff if itamp;#39;s a clear case that the limitation the limitations act defense is made out the court can dismiss the claim on the basis itamp;#39;s a waste of time frivolous and an abusive process a claim can be struck out if the pleadings disclose no cause of action
