Kiefel CJ Bell J Keane J Nettle J Gordon J 6. defendant's application, if satisfied that the plaintiff's claim or part of that claim "has no real prospect of success". 21 In Agar v Hyde6, this Court essayed the test for determination of an application to set aside service of a proceeding out of Australia, pursuant to Pt 10 r 6A of the Supreme Court Rules 1970 (NSW), on the ground that the claims made in the proceeding had insufficient prospects of success to warrant putting an overseas defendant to the time, expense and trouble of defending them. The plurality concluded that the test should be the same as the test for summary judgment propounded in Dey v Victorian Railways Commissioners7 and General Steel Industries Inc v Commissioner for Railways (NSW)8: a party should not be denied the opportunity of placing his or her case before the court in the ordinary way, with the advantage of the usual interlocutory processes, unless there is a high degree of certainty about what would be the ultimate outcome of the proceeding if allowed to go to trial in the ordinary way. 22 Subsequently, in Spencer v The Commonwealth9, this Court considered whether the test for summary judgment prescribed by s 31A of the Federal Court of Australia Act 1976 (Cth), namely, that the court is satisfied that the other party has "no reasonable prospect of successfully prosecuting the proceeding or … part of [it]", differs from the test espoused in Dey and General Steel. All members of the Court except Heydon J emphasised that the power to dismiss an action summarily should not be exercised lightly10 but Hayne, Crennan, Kiefel and Bell JJ added that the evident legislative purpose revealed by the text of s 31A would be defeated if its application were read as confined to cases of a kind falling within the test in Dey and General Steel11. 6 (2000) 201 CLR 552 at 575-576 [56]-[60] per Gaudron, McHugh, Gummow and Hayne JJ; [2000] HCA 41. 7 (1949) 78 CLR 62 at 90-91 per Dixon J; [1949] HCA 1. 8 (1964) 112 CLR 125 at 130 per Barwick CJ; [1964] HCA 69. 9 (2010) 241 CLR 118; [2010] HCA 28. 10 (2010) 241 CLR 118 at 131 [24] per French CJ and Gummow J, 141 [60] per Hayne, Crennan, Kiefel and Bell JJ. 11 (2010) 241 CLR 118 at 140 [56], 141 [60].