Application for summary judgment — lien over property — whether right to a lien exists — claim for lien — Westpac Banking Corporation v MM Kembla New Zealand Ltd [2001] 2 NZLR 298 (CA) — Pemberton v Chappell [1987] 1 NZLR 1 — Lindale Financial Services Ltd v Colonial Mutual Life Assurance Society Ltd (1997) 12 PRNZ 320 — District Court Rules 2014, r 12.2. The plaintiff applied for summary judgment against the defendant and sought orders for immediate possession of vehicles over which he claimed a right of lien. The court identified the critical issue as being whether it was identified by the second defendant that storage would be charged, which the plaintiff disputed. The court noted that a summary judgment proceeding was designed to apply to cases where no defence was available and that it must be demonstrated that there was no realistic possibility of any defence raised of succeeding. The court was unable to make a finding of fact as to the credibility of the defendant's affidavits as it could only be determined on oral evidence. The court found that it was unable to make that assessment during summary judgment proceedings and the application for summary judgment was refused. The court directed that the file be returned to the court from which it was issued. Judgment Date: 9 October 2017.