HAWKER NOYES EQUIPMENT PTY LTD v DUEEASY PTY LTD [1996] NSWCA 242

HAWKER NOYES EQUIPMENT PTY LTD v DUEEASY PTY LTD [1996] NSWCA 242

The Court of Appeal held that the power to order summary judgment should not have been exercised, as it was not open to the trial judge to find 'without doubt' there was no question to be tried based on the respondent's evidence; the burden to show no real question to be tried had not been discharged.

Parties
Appellant: Hawker Noyes Equipment Pty Ltd; Respondent: Dueeasy Pty Ltd
Jurisdiction
Australia
Judgment Date
18 July 1996
Procedural Posture
Appeal / Appeal From Summary Judgment in the District Court
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Application of District Court Rules, Implied Contractual Terms, Onus of Proof, Striking Out Pleadings
Practice and Procedure Contracts Negligence Summary Judgment Application of District Court Rules Implied Contractual Terms Onus of Proof Striking Out Pleadings

Case Brief

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Parties

Hawker Noyes Equipment Pty Ltd

Appellant

Dueeasy Pty Ltd

Respondent

Procedural Posture

Appeal / Appeal From Summary Judgment in the District Court

Legal Issues

  1. 1 Whether summary judgment should have been entered for the respondent under District Court Rules Pt11A r2
  2. 2 Whether respondent discharged the onus of proving there was no real question to be tried
  3. 3 Whether evidence supported the pleaded particulars of breach of contract or negligence

Ratio Decidendi

The Court of Appeal held that the power to order summary judgment should not have been exercised, as it was not open to the trial judge to find 'without doubt' there was no question to be tried based on the respondent's evidence; the burden to show no real question to be tried had not been discharged.

Court Disposition

Appeal allowed

Orders

  • Set aside the orders of 7 September 1994
  • Dismiss the notice of motion of 18 August 1994