Chep Australia Ltd v Bundaberg Refrigerated Transport Pty Ltd [2022] NSWSC 687

Chep Australia Ltd v Bundaberg Refrigerated Transport Pty Ltd [2022] NSWSC 687

The notice of motion for summary dismissal should be dismissed because there is a genuine dispute of facts and triable issues regarding alleged unconscionable conduct, and the plaintiff's case is not hopeless, manifestly groundless, or untenable. Summary disposal cannot be based on untested assertions where the evidence is disputed.

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Civil / Notice of Motion for Summary Dismissal (interlocutory)
Outcome
The third defendant's notice of motion is dismissed.
Legal Topics
['summary Dismissal' 'guarantees' 'unconscionable Conduct' 'costs']
['civil Law' 'procedure'] ['summary Dismissal' 'guarantees' 'unconscionable Conduct' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Notice of Motion for Summary Dismissal (interlocutory)

Legal Issues

  1. 1 ["Should the third defendant's notice of motion for summary dismissal be granted?" 'Is there a triable issue regarding unconscionable conduct in relation to enforcement of a guarantee?']

Ratio Decidendi

The notice of motion for summary dismissal should be dismissed because there is a genuine dispute of facts and triable issues regarding alleged unconscionable conduct, and the plaintiff's case is not hopeless, manifestly groundless, or untenable. Summary disposal cannot be based on untested assertions where the evidence is disputed.

Court Disposition

The third defendant's notice of motion is dismissed.

Orders

  • ["The third defendant's notice of motion filed 1 December 2021 is dismissed." 'The third defendant is to pay the costs of and incidental to the notice of motion: (a) on an ordinary basis up until 28 March 2022; (b) on an indemnity basis from 29 March 2022.' 'The trial date of 11 July 2022 is confirmed.']