Kennedy v Silver [2005] NSWSC 1153

Kennedy v Silver [2005] NSWSC 1153

On the evidence, including the defendant's affidavit, no possible basis supports the claimed defence, and summary judgment should go to the plaintiff as there is no real issue to be tried.

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Application for Summary Judgment / Final Judgment
Outcome
Summary judgment for the plaintiff
Legal Topics
['summary Judgment' 'guarantee' 'money Owed']
['practice and Procedure' 'commercial Law'] ['summary Judgment' 'guarantee' 'money Owed']

Case Brief

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Procedural Posture

Application for Summary Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether there is any real issue to be tried regarding money owed by defendant pursuant to guarantee' 'Whether defence as pleaded discloses an arguable case']

Ratio Decidendi

On the evidence, including the defendant's affidavit, no possible basis supports the claimed defence, and summary judgment should go to the plaintiff as there is no real issue to be tried.

Court Disposition

Summary judgment for the plaintiff

Orders

  • ["Orders in accordance with paragraphs 1 and 2 of the plaintiff's notice of motion of 21 October 2005" "Leave to amend defence previously granted; claims in defendant's paragraphs 1 and 2 dismissed" 'Stay of execution of judgment for 28 days']