1. Can the defendant still resist summary judgment if he does not have all my evidence ready yet, or need time to locate a key witness?

1. Can the defendant still resist summary judgment if he does not have all my evidence ready yet, or need time to locate a key witness? 

Yes, but only if the defendant can demonstrate a credible basis for his request. 

Under Order 14, rule 3(1) of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H), the court has discretion to refuse summary judgment and grant leave to defend if the defendant demonstrate a triable issue or show that “there ought for some other reason to be a trial”. 

Invoking “some other reason for trial” is appropriate when the defendant cannot pinpoint a precise, fully evidenced defence immediately, but circumstances justify a full trial or investigation. Examples include: 

• The defendant is currently unable to contact or obtain evidence from a material witness who could support his defence; 
• The underlying facts or documents are exclusively within the control of the plaintiff or require close judicial investigation; or 
• The plaintiff’s claim carries unusual features, suspicion, or unconscionable conduct that requires thorough ventilation at trial. 

The defendant cannot resist summary judgment merely by stating that he is unprepared, nor can he rely on pure speculation or a vague hope that “something will turn up”. 

To satisfy the court, the defendant must file a supporting affidavit/affirmation that: 

1. Explains why the evidence or witness is currently unavailable; 
2. Outlines the specific material facts he expects the evidence or witness to establish; and 

3. Demonstrates that his proposed defence is credible and believable when viewed against the undisputed background.