National Westminster Finance Australia Ltd v. V.A.S. Pty Ltd & Ors [1985] FCA 439

National Westminster Finance Australia Ltd v. V.A.S. Pty Ltd & Ors [1985] FCA 439

The making of the alleged representations (in para. 6(iii) of the statement of claim) was not satisfactorily proved by the applicant, and in the absence of such proof, summary judgment could not be granted. The case could not be determined without full evidence at trial.

Source-derived case information.

Parties
Applicant: National Westminster Finance Australia Limited; First Respondent: V.A.S. Pty Ltd; Second Respondent: Jocelyn Hughes; Third Respondent: Neil Joseph Domaille
Jurisdiction
Australia
Judgment Date
04 September 1985
Procedural Posture
Notice of Motion for Summary Judgment / Application for Summary Judgment
Outcome
Application dismissed with costs
Legal Topics
Summary Judgment, Evidentiary Requirements, Misrepresentation, Customs Seizure
Practice and Procedure Summary Judgment Evidentiary Requirements Misrepresentation Customs Seizure

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Parties

National Westminster Finance Australia Limited

Applicant

V.A.S. Pty Ltd

First Respondent

Jocelyn Hughes

Second Respondent

Neil Joseph Domaille

Third Respondent

Procedural Posture

Notice of Motion for Summary Judgment / Application for Summary Judgment

Legal Issues

  1. 1 Whether alleged representations were satisfactorily proved to have been made
  2. 2 Whether summary judgment should be granted on the basis of the alleged representations

Ratio Decidendi

The making of the alleged representations (in para. 6(iii) of the statement of claim) was not satisfactorily proved by the applicant, and in the absence of such proof, summary judgment could not be granted. The case could not be determined without full evidence at trial.

Court Disposition

Application dismissed with costs

Orders

  • The motion be dismissed with costs.