Wu and anor v Gu [2020] NSWSC 909

Wu and anor v Gu [2020] NSWSC 909

The Deed of Settlement and Release, particularly clauses 3.1, 3.4, and 6.2, operates to bar all claims and defences now raised by the defendant; the evidence shows there is no real issue to be tried. The conditions for summary judgment, as articulated in the cited authorities, are satisfied.

Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Civil Proceeding / Summary Judgment Application
Outcome
Summary judgment for plaintiffs
Legal Topics
['summary Judgment' 'settlement Deed' 'guarantee' 'loan Agreement' 'release and Discharge']
['contract Law' 'civil Procedure'] ['summary Judgment' 'settlement Deed' 'guarantee' 'loan Agreement' 'release and Discharge']

Case Brief

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Procedural Posture

Civil Proceeding / Summary Judgment Application

Legal Issues

  1. 1 ["Whether there is any defence to the plaintiffs' claim under the loan agreements and guarantee after the deed of settlement and release" 'Whether summary judgment should be granted against the defendant']

Ratio Decidendi

The Deed of Settlement and Release, particularly clauses 3.1, 3.4, and 6.2, operates to bar all claims and defences now raised by the defendant; the evidence shows there is no real issue to be tried. The conditions for summary judgment, as articulated in the cited authorities, are satisfied.

Court Disposition

Summary judgment for plaintiffs

Orders

  • ['Verdict and judgment for the plaintiffs in the sum of $6,138,355.00' 'No order for interest from the date of judgment' "The defendant to pay the plaintiffs' costs of the proceedings as agreed or assessed"]