New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.10

Judgment for want of evidence

29.10 Judgment for want of evidence

(cf SCR Part 34, rule 8; DCR Part 26, rule 8; LCR Part 21, rule 6)

(1) An opposite party may apply to the court to give judgment for the opposite party, either generally or on any claim for relief in the proceedings, on the ground that, on the evidence given, a judgment for the beginning party could not be supported.
(2) Such an application may be made at any time after the conclusion of the evidence for the beginning party in his or her case in chief.
(3) The court may not give judgment under this rule unless the opposite party satisfies the court that, on the evidence given, a judgment for the beginning party could not be supported.
(4) If the opposite party fails to satisfy the court that, on the evidence given, a judgment for the beginning party could not be supported, the opposite party may not adduce evidence or further evidence in the proceedings generally or on the claim for relief concerned, as the case may be, except by leave of the court.
(5) If not all opposite parties apply to the court under subrule (1), the court must not deal with any such application before the conclusion of the evidence given for all parties.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback