Antares v Yang [2017] NSWSC 1619

Antares v Yang [2017] NSWSC 1619

The defendant’s verified pleadings and cross-claim alleging misleading or deceptive conduct under various statutes raise a triable issue capable of impeaching the plaintiffs' claim under the loan agreements. The defendant is entitled to have those matters determined at trial; thus, summary judgment should not be granted.

Parties
First Plaintiff: Antares Global Pty Ltd; Second Plaintiff: Swealt Pty Ltd; Defendant: Jin Heung Yang
Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Civil / Notice of Motion for Summary Judgment by Plaintiffs; Ex Tempore Judgment
Outcome
Notice of motion for summary judgment dismissed; costs to defendant; listed for further directions before registrar.
Legal Topics
Summary Judgment, Loan Agreements, Misleading or Deceptive Conduct, Set Off and Cross Claims
Civil Law Summary Judgment Loan Agreements Misleading or Deceptive Conduct Set Off and Cross Claims

Case Brief

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Parties

Antares Global Pty Ltd

First Plaintiff

Swealt Pty Ltd

Second Plaintiff

Jin Heung Yang

Defendant

Procedural Posture

Civil / Notice of Motion for Summary Judgment by Plaintiffs; Ex Tempore Judgment

Legal Issues

  1. 1 Whether failure of defendant to put on evidence on notice of motion is fatal to opposing summary judgment
  2. 2 Whether defendant can rely on verified pleadings instead of sworn evidence
  3. 3 Whether cross-claim for misleading or deceptive conduct under relevant statutes can impeach claim under loan agreements

Ratio Decidendi

The defendant’s verified pleadings and cross-claim alleging misleading or deceptive conduct under various statutes raise a triable issue capable of impeaching the plaintiffs' claim under the loan agreements. The defendant is entitled to have those matters determined at trial; thus, summary judgment should not be granted.

Court Disposition

Notice of motion for summary judgment dismissed; costs to defendant; listed for further directions before registrar.

Orders

  • The notice of motion is dismissed.
  • The plaintiffs are to pay the costs of and incidental to the notice of motion.